Tenant Claims Garage Space Is Required Ancillary Service

June 27, 2016

LVT Number: #27066

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. There were questions of fact as to whether the garage space was a required ancillary service under rent stabilization, and the record contained insufficient information concerning the nature and chronology of how the service was provided.

Landlord brought a commercial eviction proceeding against rent-stabilized tenant after terminating tenant's garage lease. Landlord asked the court to rule in its favor without a trial. The court ruled for landlord. Tenant appealed, and the case was reopened. There were questions of fact as to whether the garage space was a required ancillary service under rent stabilization, and the record contained insufficient information concerning the nature and chronology of how the service was provided. The court later denied landlord’s request to dismiss tenant’s defenses without a trial.

Landlord appealed and lost. The fact that the building had 142 apartments but only 56 parking spaces wasn’t determinative. The test of whether a service is a required ancillary service is whether the service was provided primarily for the use of the tenants, not whether it was used primarily by the tenants. A trial was needed to determine the facts.

 

 
Bruckner Realty LLC v. Cruz: 29 N.Y.S.2d 162, 2016 NY Slip Op 03429 (App. Div. 1 Dept.; 5/3/16; Tom, JP, Renwick, Richter, Kapnick, Webber, JJ)

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