Landlord Didn't Overcharge Tenant for Ancillary Parking Space

Rent-stabilized tenant complained of rent overcharge, claiming that he was improperly charged for a parking space at his building. The DRA ruled against tenant, finding that tenant was charged apartment rent and parking fees separately, that tenant never paid more than the legal regulated rent for the apartment under his apartment lease, that parking was an ancillary service, and that any parking charges must be based on appropriate rent-stabilized guideline increases. The DRA found no overcharge because the rent charged and collected by landlord from the base date didn't exceed the legal regulated rent.

Tenant appealed and lost. The mere fact that new landlord decided not to charge tenant for parking didn't mean that the former landlord illegally charged tenant for parking. Former landlord charged tenant for parking under a separate written agreement signed at the same time as tenant's initial lease. Tenant wasn't charged for parking under his apartment lease. And there was no overcharge when prior landlord increased tenant's parking rent from $365 to $440 because tenant took on a second parking space. The apartment and parking rents were never combined, as claimed by tenant. 

Jimenez: DHCR Adm. Rev. Docket No. MM910019RT (5/28/24)[4-pg. document]