Parking Spaces Provided While Garage Under Repair

Tenant complained of a reduction in building-wide services. Tenant paid landlord for indoor garage parking, and this was a required service. Because of garage repairs, tenant had to move out of the garage for six months during 2006. Landlord provided alternative parking spaces during this time, but tenant said this wasn't an adequate substitute. The DRA ruled against tenant. Tenant appealed and lost. The DHCR inspection confirmed that landlord was restoring garage floors and ceilings, installing traffic surfaces, and painting and restriping the garage. While the work was going on, landlord provided outdoor parking spaces that were visible from three security cameras located at the doorman's desk. The parking area was well lit, and the cameras monitored the area 24 hours a day. The temporary change in service wasn't a decrease in services. The alternative parking had only a minor effect on tenants and didn't affect their use and enjoyment of their apartments.

Hirsch: DHCR Adm. Rev. Docket No. UI610030-RT (1/19/07) [2-pg. doc.]