Tenant Not Overcharged for Second Parking Space

Rent-stabilized tenant complained of a rent overcharge. Tenant lived in a co-op building in an apartment owned by the sponsor, which was her landlord. She claimed that she was improperly billed by landlord for garage parking and that she had always paid garage rent directly to the co-op corporation that owned the building. The DRA ruled against tenant and dismissed her complaint. Tenant appealed and lost. Tenant paid rent directly to the co-op corporation for one parking space that was included in her rental agreement with landlord. But tenant rented a second parking space directly from the co-op corporation on a temporary basis after the building converted. So the second parking space wasn't subject to rent stabilization. Landlord claimed that it had paid the co-op corporation for unpaid garage rent owed by tenant for the second parking space and had in turn billed tenant for that amount.

Miller: DHCR Adm. Rev. Docket No. YJ420023RT (3/8/12) [3-pg. doc.]