Tenant Can Sublet Parking Space

Rent-stabilized tenant rented two garage spaces in landlord's building. Landlord operated the garage, and the parking was an ancillary service subject to renewal leases and rent guidelines. Landlord asked the DHCR if tenant could sublet one of the two garage spaces to another building tenant. There was a long waiting list in the building for garage spaces, and the other tenant was one of the people on that list. In an opinion letter, the DHCR said that tenant was entitled to sublet the garage space as long as he complied with the sublet request procedures set forth in Real Property Law section 226-b. If tenant never requested or got landlord's consent to the sublet, landlord can sue to evict for illegal subletting.

DHCR Opin. Ltr. by Nathaniel Geller (6/4/93) [3-page document]