Landlord Claims Tenant Not Entitled to Second Parking Space

LVT Number: #24064

Tenant complained that landlord improperly terminated her parking space tenancy because this was an ancillary service required under rent stabilization. The DRA ruled for tenant. Landlord appealed, and the case was reopened. Landlord pointed out that it previously rented two parking spaces, one to tenant and the other to the apartment's co-tenant. After co-tenant vacated, landlord took back one of the parking spaces. Landlord also said that tenant didn't have two cars and therefore didn't need the second space.

Tenant complained that landlord improperly terminated her parking space tenancy because this was an ancillary service required under rent stabilization. The DRA ruled for tenant. Landlord appealed, and the case was reopened. Landlord pointed out that it previously rented two parking spaces, one to tenant and the other to the apartment's co-tenant. After co-tenant vacated, landlord took back one of the parking spaces. Landlord also said that tenant didn't have two cars and therefore didn't need the second space. The DRA should ask for and reconsider additional evidence, including proof that landlord gave tenants written notice of a one-car/one-space policy, the cost and availability of visitor parking, and any tenant waiting list for parking spaces.

Jeffrey Park, Ltd.: DHCR Adm. Rev. Docket No. ZD910023RO (3/23/12) [3-pg. doc.]

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