Tenant Entitled to Garage Parking Space

LVT Number: 18020

Rent-controlled tenant complained of a reduction in services and sought a rent reduction. Tenant claimed that his garage lease hadn't been renewed. The DRA ruled against tenant because tenant was still parking in the garage space. So there was no reduction in required services. Landlord appealed, claiming that the DRA incorrectly found that tenant was entitled to a garage space. The DHCR ruled against landlord. Tenant's parking space is a required ancillary service.

Rent-controlled tenant complained of a reduction in services and sought a rent reduction. Tenant claimed that his garage lease hadn't been renewed. The DRA ruled against tenant because tenant was still parking in the garage space. So there was no reduction in required services. Landlord appealed, claiming that the DRA incorrectly found that tenant was entitled to a garage space. The DHCR ruled against landlord. Tenant's parking space is a required ancillary service. And even though landlord was a cooperative corporation having no landlord-tenant relationship with tenant, it was responsible for maintaining building-wide services provided by prior landlord to rent-controlled tenant.

Lincoln Place Housing Corp.: DHCR Adm. Rev. Dckt. No. SD220048RO (2/17/05) [4-pg. doc.]

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