Tenant Can Park Bicycles in Garage

Tenant complained of a rent overcharge. Previously she and her family members parked three bicycles in the building's garage at no charge. After the building converted to cooperative ownership, landlord charged tenant $600 per year to park the bikes. The DRA ruled for tenant and ordered landlord to refund $1,800, including triple damages. Landlord appealed, claiming that the garage was leased to an independent entity, and that landlord had significantly improved the area where bicycles were stored before charging all tenants to park bicycles. Landlord also claimed that the co-op sponsor hadn't advised it that tenant parked her bicycles in the garage, so there should be no finding of willful overcharge.
The DHCR ruled for landlord in part. Landlord should have known that tenant had parked her bicycles in the garage previously because the same managing agent continued to operate the building. Tenant's lease gave her the right to park in the garage for free. If landlord improved the garage, it could be entitled to an MCI rent hike, but it never filed any application. However, there was no willful overcharge, so the triple damages were revoked.

Century Operating Corp.: DHCR Adm. Rev. Docket No. WE410062RO (8/21/08) [3-pg. doc.]