Landlord Can't Force New Tenant to Rent Garage Space

Tenant in Freeport complained of a rent overcharge. The DRA ruled for tenant, finding that garage service was both required and included in tenant's rent. Landlord claimed that the garage space was added as a service while tenant's apartment was vacant and that an additional charge was appropriate. The DRA found a willful overcharge and ordered landlord to pay triple damages. Landlord appealed. The DHCR ruled that the garage service wasn't a required service because it wasn't contained within the apartment. Landlord couldn't require acceptance of that service as a condition to renting the apartment. Landlord had collected a willful rent overcharge.

30 North Long Beach Avenue, Apt. 3-H: DHCR Adm. Rev. Dckt. No. BI 710024-RO (6/8/93) [6-page document]