Parking Space Was Required Service Despite No Written Agreement

Rent-stabilized tenant complained in 2020 of a reduction in building-wide services after landlord sent him a 30-day termination notice concerning his parking spot in the building's garage. The DRA ruled for tenant and reduced his rent. Landlord appealed and lost. Landlord claimed that there was no proof that tenant used a parking spot prior to a 2007 parking agreement and, even if he did, the DHCR couldn't consider undocumented proof or tenant's vacancy lease merger clause. Tenant had claimed that he moved into his apartment in 1984 and prior landlord gave him the parking spot under an oral agreement. Tenant signed a separate parking agreement with current landlord decades later. Tenant's vacancy lease contained no agreement regarding a parking space, but tenant submitted receipts for parking payments for several years. Landlord didn't refute tenant's claim that he'd had the garage space since 1984, and an agreement by tenant to waive the benefit of any provision of the Rent Stabilization Law or Code was void. The parking space was an ancillary service provided to rent-stabilized tenant by landlord and therefore was a required service. 

Dorchester Tower Associates, LLC: DHCR Adm. Rev. Docket No. IO210036RO (1/26/21) [3-pg. doc.]