Tenant Overcharged for Ancillary Parking Space

Rent-stabilized tenant complained of rent overcharge in connection with his parking space. The DRA found that landlord charged tenant the proper parking tax at a 10 percent rate on the March 2013 base rent date. And the legal regulated rent for the parking space didn't change from the $110 charged on the base date. But tenant had complained separately that landlord took away half of his parking space and the DHCR issued a rent reduction order effective Oct. 1, 2016, that reduced the garage rent to $100 per month. So there was an overcharge. Landlord and tenant both appealed and lost. Landlord claimed that tenant's parking space wasn't subject to rent stabilization. But the parking space was an ancillary service provided to tenant directly by the owner and therefore subject to rent stabilization. Tenant's appeal was denied since landlord showed that tenant had received rent credits for more than the amount of the overcharge. So there was no remaining overcharge to refund.

Israilor/Artus: DHCR Adm. Rev. Docket Nos. GN110039RT, GO110016RO (4/22/19) [5-pg. doc.]