Parking Fee Deducted from Legal Regulated Rent

Rent-stabilized tenant in Yonkers complained of rent overcharge. The DRA dismissed the complaint, finding no overcharge. Tenant appealed and lost. Tenant claimed that the DRA improperly deducted an amount for a parking charge when calculating the legal regulated rent. Tenant claimed that landlord never charged a separate fee for a parking space in the building. But landlord had previously charged prior tenant a separate fee for parking and had given that tenant a parking space lease rider. Since landlord had charged a parking space fee, the provision for parking couldn't be deemed a required service included free of charge in the apartment rent. So the DRA's deduction of a parking fee when calculating the legal regulated rent was proper.

Anel: DHCR Adm. Rev. Docket No. AO910049RT (1/21/13) [2-pg. doc.]