Tenant Was Overcharged for Garage Space

LVT Number: 15840

Tenant claimed that landlord overcharged him for garage space. The DRA ruled for tenant, and landlord appealed. Landlord admitted that the garage space was an ancillary service. But landlord claimed that garage rents weren't rent stabilized because the garage wasn't primarily for the use of building tenants. The DHCR ruled against landlord. Prior to July 2001, garage space for the building complex was primarily for use of tenants at the building. So it was a required ancillary service subject to rent-stabilized guidelines increases.

Tenant claimed that landlord overcharged him for garage space. The DRA ruled for tenant, and landlord appealed. Landlord admitted that the garage space was an ancillary service. But landlord claimed that garage rents weren't rent stabilized because the garage wasn't primarily for the use of building tenants. The DHCR ruled against landlord. Prior to July 2001, garage space for the building complex was primarily for use of tenants at the building. So it was a required ancillary service subject to rent-stabilized guidelines increases.

Dedvukaj: DHCR Admin. Rev. Dckt. No. PL210032RO (4/5/02) [4-pg. doc.]

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