Parking Cost Should Be Included in Rent

July 31, 1995

LVT Number: 9911

Tenant complained of a rent overcharge. When tenant moved in, he was charged $60 per month for a parking space. Tenant claimed he never used the parking space and that he had never agreed to pay a parking charge. He said landlord told him it was provided at no additional cost. The DRA ruled that landlord was entitled to charge for a garage space, but the DRA didn't include this charge in its calculation of the lawful rent. Landlord appealed. The DHCR ruled for landlord and recalculated the rent to include the parking charge.

Tenant complained of a rent overcharge. When tenant moved in, he was charged $60 per month for a parking space. Tenant claimed he never used the parking space and that he had never agreed to pay a parking charge. He said landlord told him it was provided at no additional cost. The DRA ruled that landlord was entitled to charge for a garage space, but the DRA didn't include this charge in its calculation of the lawful rent. Landlord appealed. The DHCR ruled for landlord and recalculated the rent to include the parking charge. Tenant's lease included ''one parking space.'' The rent cited in tenant's lease was consistent with prior tenant's rent plus the parking space charge. The fact that tenant may have chosen not to use the space didn't matter.

Trump Management: DHCR Adm. Rev. Dckt. No. HK-210040-RO (3/17/95) [5-page document]

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