Landlord Needn't Add Parking Space Provision to Tenant's Renewal Lease

Rent-stabilized tenant complained that landlord sent an improper renewal lease offer. The DRA ruled for tenant in part, finding that: (a) landlord had to amend the renewal lease offer to include the specific term of the lease; (b) there was no prior written agreement between tenant and landlord for a parking space; (c) the security deposit for the parking space should be held separately from the apartment security deposit; and (d) tenant could file a service complaint concerning the parking space issue.

Tenant appealed and lost. Among other things, tenant argued that landlord had sent a 30-day termination notice to terminate his month-to-month parking space after tenant insisted on a written parking lease. But there was no separate written parking agreement, and tenant's parking space wasn't mentioned in any of his prior leases. Parking also wasn't included as a required service in tenant's apartment registrations. So the DRA properly declined to rule on tenant's claim seeking a parking space provision in his renewal lease. Tenant could address the parking space issue in a separate DHCR proceeding or before a court.

Fariborzian: DHCR Adm. Rev. Docket No. HU110017RT (1/23/20) [2-pg. doc.]