Landlord Can't Move Tenant Parking Spaces

May 11, 2012

LVT Number: #24080

Rent-stabilized tenants sued landlord to stop the relocation of parking spaces that were required ancillary services under their rent-stabilized leases. Landlord told tenants they must move their cars from assigned outdoor parking spaces to an underground garage several blocks away from the building. Landlord claimed that it had a right to change the parking location as it needed the lot as part of a real estate transaction. The court ruled for tenants. Their parking spaces were required ancillary parking spaces.

Rent-stabilized tenants sued landlord to stop the relocation of parking spaces that were required ancillary services under their rent-stabilized leases. Landlord told tenants they must move their cars from assigned outdoor parking spaces to an underground garage several blocks away from the building. Landlord claimed that it had a right to change the parking location as it needed the lot as part of a real estate transaction. The court ruled for tenants. Their parking spaces were required ancillary parking spaces. This required service couldn't be modified without prior permission from the DHCR. Tenants got an injunction against landlord pending a further determination from the DHCR or the court.

Peyton v. PWV Acquisition: Index No. 111379/2011, NYLJ No. 1202548642019 (Sup. Ct. NY; 4/5/12; Singh, J)

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