Tenant Not Entitled to Two Free Parking Spaces

Tenants complained of a reduction in services. They claimed that they were entitled to two free parking spaces and that landlord had started charging them for a second space. The DRA ruled for tenants, and landlord appealed. Landlord admitted that tenants always had one free parking space. But landlord claimed that any additional spaces weren't a required service. The DHCR ruled for landlord. Nothing in the regulations requires landlord to give tenants more than one free parking space. The Spring Valley zoning rules indicating that there should be two parking spaces for each dwelling unit applied only to new construction. And it was physically impossible for the parking area connected with the building to have provided tenants with more than one space on the base date.

Cadillac Manor: DHCR Admin. Rev. Dckt. No. QA830045RO (7/3/02) [3-pg. doc.]