No Security Deposit Required for Garage Rent

Rent-stabilized tenant complained of a rent overcharge in connection with her parking garage spaces at the building. The DRA ruled for tenant and ordered landlord to refund $544, as well as tenant’s security deposit for the garage spaces. Landlord appealed, claiming that tenant rented one rent-stabilized garage space in 1977 but that the second space she rented wasn’t covered by the Emergency Tenant Protection Regulations (ETPR) and landlord could charge market rent. Landlord also claimed that there was no bar to collecting a security deposit for the garage spaces.

The DHCR ruled against landlord. Both garages are subject to rent stabilization. Services provided to regulated tenants after the base date are governed by the Emergency Tenant Protection Act. Tenant also rented the second space for 10 years before landlord charged market rent. And both sides treated the garage spaces as one rental through a single renewal lease. In addition, the ETPR don't permit landlord to collect a security deposit on rent-stabilized garage spaces.

Kikis: DHCR Adm. Rev. Docket No. XA910032RO (6/4/09) [4-pg. doc.]