Tenant Entitled to Free Parking Space

July 31, 2004

LVT Number: 17517

Tenant complained of a reduction in services. She claimed that she had had a free space in landlord's parking garage from 1980 until 2003. Landlord then started charging for the space. The DRA ruled for tenant. Landlord appealed, claiming that the parking garage was owned by a commercial condominium and not by landlord. Landlord also said tenant had no proof that she previously had a free parking space. The DHCR ruled against landlord. Tenant didn't need a written agreement. Prior landlord gave her the free parking space when she moved in 23 years ago.

Tenant complained of a reduction in services. She claimed that she had had a free space in landlord's parking garage from 1980 until 2003. Landlord then started charging for the space. The DRA ruled for tenant. Landlord appealed, claiming that the parking garage was owned by a commercial condominium and not by landlord. Landlord also said tenant had no proof that she previously had a free parking space. The DHCR ruled against landlord. Tenant didn't need a written agreement. Prior landlord gave her the free parking space when she moved in 23 years ago. Current landlord bought the building in 1998 and continued to provide free parking space until 2003. Landlord couldn't claim that tenant never received the free parking space. This was a required service included in tenant's rent.

Concorde & Cie LLP: DHCR Adm. Rev. Dckt. No. SB410091RO (6/2/04) [3-pg. doc.]

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