Tenant Claims Parking Space Is Ancillary Service

Tenant asked the DHCR for a ruling that he was subject to rent stabilization. The DRA ruled for tenant, and stated that a parking space was an ancillary service to tenant's apartment because the 2006 annual rent registration listed a parking space as an ancillary service for the apartment. Landlord appealed, claiming that tenant never had a parking space during the 19 years he lived in the building, that there were only 42 parking spaces for the 90-unit building and that landlord mistakenly listed a parking space as a required service in tenant's 2006 registration. The DHCR ruled for landlord in part. Tenant didn't complain about the parking space. He asked only for a determination that he was rent stabilized. So the DRA shouldn't have ruled on any service issue. The portion of the DRA's order concerning ancillary service was revoked, but tenant could file a reduction in services complaint if he had grounds to claim that landlord wasn't providing him with a required parking space.

Briarwood Properties, Inc.: DHCR Adm. Rev. Docket No. VF120005RO (11/15/07) [2-pg. doc.]