Rent-Stabilized Tenant Was Overcharged for Garage Parking Space

Rent-stabilized tenant complained of rent overcharge in connection with his parking garage space. The DRA ruled for tenant, finding that landlord charged more than a rent guidelines increase to tenant for the parking space upon garage lease renewal after the base rent date. Landlord was ordered to refund $4,471, including triple damages. Landlord appealed and lost. Landlord claimed that the parking space wasn't rent stabilized because tenant didn't start renting it until five years after he first rented his apartment. This didn't matter. Under Rent Stabilization Code Section 2520.6(r)(3), the parking space was an ancillary service, with rent increases subject to rent guidelines. The DRA correctly determined that the base date garage rent was the rent charged four years before tenant filed his overcharge complaint and calculated the overcharge based on applicable rent guidelines.

Parc Grand LLC: DHCR Adm. Rev. Docket No. GR610014RO (6/20/19) [4-pg. doc.]