Landlord Not Required to Give Parking Space to Tenant

Tenant complained of a reduction in services because landlord wouldn’t give her a parking garage space. The DRA ruled against tenant. Tenant appealed, claiming that a parking space was a required ancillary service. The DHCR ruled against tenant. There never was a parking space assigned to tenant’s apartment, and tenant didn’t claim that he paid for a parking space in the past. Although parking services can be considered building-wide services, the building had 90 apartments and 42 parking spaces. So, in this case, a parking space wasn’t a required service.

Anderson: DHCR Adm. Rev. Docket No. WI110007RT (2/12/10) [3-pg. doc.]