Parking Garage Covered

March 1, 2000

LVT Number: 13948

Tenant complained of a rent overcharge. He claimed that landlord overcharged him for a garage space that was an ancillary service subject to rent stabilization guidelines. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the garage was exempt from rent stabilization because it wasn't intended for the primary use of tenants. The court ruled against landlord. The Rent Stabilization Law clearly states that if landlord provides parking spaces to rent-stabilized tenants, this becomes an ancillary required service subject to rent stabilization.

Tenant complained of a rent overcharge. He claimed that landlord overcharged him for a garage space that was an ancillary service subject to rent stabilization guidelines. The DHCR ruled for tenant, and landlord appealed. Landlord claimed that the garage was exempt from rent stabilization because it wasn't intended for the primary use of tenants. The court ruled against landlord. The Rent Stabilization Law clearly states that if landlord provides parking spaces to rent-stabilized tenants, this becomes an ancillary required service subject to rent stabilization.

Lyndonville Properties v. DHCR: NYLJ, 2/23/00, p. 29, col. 2 (Sup. Ct. NY; Figueroa, J)

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