Landlord Can't Eliminate Parking Spaces

Landlord applied to DHCR for permission to reduce the number of parking spaces for certain building tenants who had more than one space. Landlord claimed tenants didn't need the extra spaces. The DRA ruled against landlord. Landlord appealed and lost. Tenants received designated numbers of parking spaces under their leases. Under the Tenant Protection Regulations, the DHCR will approve a service modification if tenants consent; if the modification is needed for the operation of the building; or if the modification is consistent with the rent stabilization law. Tenants didn't consent to a reduction in parking spaces here, it didn't affect the operation of the building, and any change would be inconsistent with tenants' right to this required service under their leases.

Sherry & Sons, Inc.: DHCR Adm. Rev. Dckt. No. QE930039RO (3/28/03) [3-pg. doc.]