Rent-Controlled Tenant Without Car Has Space

March 1, 2002

LVT Number: 15630

A rent-controlled tenant with no car or valid driver's license had a garage space in the building, which he wasn't using and which he was subletting. Landlord asked the DHCR if tenant was entitled to keep the garage space if he didn't use it, and if he was allowed to sublet the space. In an opinion letter, the DHCR noted that there was no legal restriction requiring tenant to have a car or driver's license to maintain the garage space that was rented with his rent-controlled apartment. But tenant couldn't sublet the garage space without landlord's permission.

A rent-controlled tenant with no car or valid driver's license had a garage space in the building, which he wasn't using and which he was subletting. Landlord asked the DHCR if tenant was entitled to keep the garage space if he didn't use it, and if he was allowed to sublet the space. In an opinion letter, the DHCR noted that there was no legal restriction requiring tenant to have a car or driver's license to maintain the garage space that was rented with his rent-controlled apartment. But tenant couldn't sublet the garage space without landlord's permission. Rent control regulations defined a housing accommodation to include the facilities supplied in connection with the unit. The regulations also required tenant to get written permission from landlord before subletting.

DHCR Opin. Ltr. by Charles Goldstein (10/22/01) [3-pg. doc.]

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