Special Guideline Under RGBO 40 Inapplicable to Garage Rent

Landlord asked the DHCR if it could collect a special guideline increase available under Rent Guidelines Board Order No. 40 to rent-stabilized tenant's garage rent. RGBO 40 allowed landlords to collect at least $45 for a one-year renewal lease and at least $85 for a two-year renewal lease, if the most recent vacancy lease was executed six or more years earlier. In an opinion letter, the DHCR said no. It was the DHCR's position that the special guideline increase didn't apply to separate garage lease agreements. The intent of the six-year rule was only to provide minimum apartment rent increases for apartments with rents less than $1,000.

DHCR Opin. Ltr. by Fewer (1/27/09) [2-pg. doc.]