Tenant Improperly Sublet Parking Space

October 28, 2020

LVT Number: #31051

Rent-stabilized tenant complained of rent overcharge for a garage space only after landlord raised his monthly parking space charge from $112 to $115. Landlord claimed that the parking space wasn't subject to rent stabilization. The DRA ruled for tenant and ordered landlord to refund $2,196, representing parking space overcharge with triple damages for the period between July 1, 2013, and June 30, 2018. Landlord appealed and won, in part. The base date was amended to May 31, 2014.

Rent-stabilized tenant complained of rent overcharge for a garage space only after landlord raised his monthly parking space charge from $112 to $115. Landlord claimed that the parking space wasn't subject to rent stabilization. The DRA ruled for tenant and ordered landlord to refund $2,196, representing parking space overcharge with triple damages for the period between July 1, 2013, and June 30, 2018. Landlord appealed and won, in part. The base date was amended to May 31, 2014. The legal garage rent was $106 per month since tenant didn't have a valid renewal lease from June 1, 2014, to June 30, 2018. Landlord claimed that tenant wasn't using the garage space but had sublet it to someone with a car that wasn't registered to tenant. So the DHCR removed the triple damages and the total refund due was $940. 

88-35 162nd Street LLC: DHCR Adm. Rev. Docket No. IO110050RO (9/25/20) [4-pg. doc.]

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