Parking Space Is Required

Tenant complained of a rent overcharge and a reduction in services. Tenant claimed that landlord had increased her monthly parking rent from $5 to $25, and then to $50. Landlord claimed that parking wasn't a regulated service because the parking area was separate and distinct from the apartment building. The DRA ruled for tenant, and landlord appealed. The DHCR ruled against landlord. Parking is a service for this tenant under rent control. Prior landlord should have applied for an individual apartment rent increase when the parking service was added in 1972. The fact that tenant didn't object to landlord's registration of services, which didn't include parking as a service, didn't mean that tenant waived her right to this service. And landlord didn't become an outside contractor merely by billing separately for this service.

Bruni: DHCR Adm. Rev. Dckt. Nos. CB 910383-RO, EA 820342-RO (2/17/94) [7-page document]