Tenant Placed on Waiting List for Parking Space

(Decision submitted by Peter A. Schwartz of the Manhattan law firm of Fromme Fromme & Schwartz, attorneys for the landlord.) Tenant complained of reduced services, claiming he wasn't placed on the waiting list for a parking space. Landlord argued that the building co-op offering plan prevented him from giving tenant a place on the waiting list. The DRA ruled for landlord, and tenant appealed. The DHCR reduced tenant's rent, ruling that the right to be placed on the waiting list was a required service. Landlord asked the DHCR to reconsider its ruling, and the DHCR revoked the rent cut. Even if tenant had been on the waiting list, he wouldn't have gotten a parking space by the time the DHCR ruling was made because there were only 15 spaces for the entire building. So, a rent cut for past years was improper. Plus, landlord gave tenant a parking space shortly after the original DHCR ruling.

Shehan: DHCR Adm. Rev. Dckt. No. CD 410112-RT (4/20/94) [5-page document]