Tenant Must Pay for Garage Space

Tenant complained of a rent overcharge. He claimed that landlord was charging for a parking space that tenant no longer used. Landlord claimed that the garage rental was part of tenant's lease and that tenant was responsible for a separate additional charge until that lease expired. The DRA ruled for tenant, and landlord appealed. Landlord pointed out that the garage space was provided as an ancillary service at tenant's request and that tenant wasn't required to renew the garage lease with his renewal lease. The DHCR ruled for landlord. The separate garage charge was part of the lease term in question. Landlord wasn't required by the Rent Stabilization Code to release tenant from paying the garage rent six months before the lease term ended.

Glenbriar Co.: DHCR Adm. Rev. Dckt. No. CL610050RO (2/7/97) [2-page document]