Registration of Parking Spaces

Landlord asked the DHCR if tenant parking spaces must be registered with the DHCR. In the case considered, the building was rent-stabilized only, the parking lot and building were owned and operated by landlord, the garage was primarily for residential tenants' use, and the parking rent was and always had been separate from the apartment rent, with separate leases. There were fewer parking spaces than apartments, and parking spaces didn't correspond to any particular apartment. Some tenants didn't get a garage space until several years after renting their apartments. In an opinion letter, the DHCR stated that the parking spaces and their corresponding rents must be registered, even if tenant took the space some time after moving into the apartment. Failure to register the parking space charges could result in a rent freeze for the garage charges. And a rent overcharge claim for registered parking spaces would be subject to the same four-year limit as a regular overcharge complaint.

DHCR Opin. Ltr. by Erik Strangeways (6/1/95)