Parking Space Is Required Ancillary Service

Tenant complained of a rent overcharge. He rented a parking space in his building and claimed that landlord was overcharging him for the space. The DRA ruled for tenant and found that the legal regulated rent for the space was $100. The DRA said that landlord couldn't increase the parking rent until landlord offered tenant a renewal lease at guidelines increases. Landlord appealed, claiming that the parking space wasn't subject to rent stabilization. Landlord also claimed that parking wasn't provided primarily for the use of tenants on the base date or at any time thereafter. Landlord said that, since 1997, more parking spaces were rented to nontenants than to tenants. The DHCR ruled against landlord. At some point on or after the base date, landlord charged tenant separately but directly for a parking space. Landlord had no records for the parking space provided between the base date and 1982, or from 1982 to 1997. Therefore, landlord couldn't prove that the parking was provided primarily to nontenants.

North Star Realty Co.: DHCR Adm. Rev. Docket No. UL110005RO (1/30/07) [3-pg. doc.]