Landlord Won't Allow Tenant to Sublet Garage Space

Rent-stabilized tenant complained of a reduction in services after landlord no longer permitted him to sublet a garage space. Tenant claimed that he had done so previously for 16 years during the winter months he spent in Florida. The DRA ruled against tenant, who appealed and lost. Building landlord, a co-op corporation, pointed out that tenant didn't rent his garage space from the apartment owner but directly from the co-op building owner. The building didn't permit parking space sublets. The DHCR found that there was no reduction in required services since tenant still had use of his garage space. Tenant may have a claim under Real Property Law Section 226-b, which states that a landlord can't unreasonably withhold consent to a sublet. But this matter must be raised in a court proceeding. 

Preffer: DHCR Adm. Rev. Docket No. BP110005RT (4/16/14) [3-pg. doc.]