Tenant Overcharged for Garage Space

Rent-stabilized tenant complained of a rent overcharge after landlord increased her garage space rent by $85. The DRA ruled for tenant and ordered a refund. Landlord appealed and lost. Although landlord hadn't increased tenant's garage rent in more than six years since tenant signed an initial, separate lease for the garage space, the garage rent was subject to rent guidelines, so landlord could increase tenant's rent only by 8.5 percent. Landlord claimed that Rent Guidelines Board Order #40 permitted a flat one-year renewal rate of the greater of 8.5 percent or $85, if the most recent vacancy lease was signed six years or more earlier. But this applied only to apartment leases, not to separate garage leases.

107-10 Shorefront Realty, LLC: DHCR Adm. Rev. Docket No. XL110040RO (6/6/11) [4-pg. doc.]