Tenant Claims Overcharge in Connection with Parking Space

Tenant sued landlord, seeking a declaration that he was rent stabilized, as well as claiming rent overcharges in connection with the apartment and a parking space behind the building. The court ruled only that tenant was rent stabilized but otherwise marked the case off calendar for the DHCR to determine the amount of any overcharge for the apartment and parking space. The DHCR ruled for tenant on the overcharge claim but didn’t address tenant’s claim that the parking space was illegal. Tenant had said that the building’s Certificate of Occupancy permitted four parking spaces but that landlord rented seven spaces, including one to tenant that was located under a balcony where debris fell on his car. The court ruled that the DHCR had the power to regulate costs of ancillary services and sent the matter to the DHCR to determine whether the parking fees charged to tenant were permissible or accurate.

Gallagher v. Galen Realty Corp.: Index No. 12700/13, NYLJ No. 1202731302041 (Sup. Ct. Kings; 6/18/15; Lewis, J)