Is Tenant's Garage Space Required Ancillary Service?

May 13, 2013

LVT Number: #24763

Landlord sued to evict tenant from garage space, claiming that tenant had a commercial rental on a month-to-month basis. The garage space was located in the building that tenant lived in. The court ruled for landlord. Tenant appealed, and the case was sent back for a new trial. The lower court had made no determination as to whether tenant was rent stabilized, how long he had leased the garage space, and whether landlord directly provided the garage service. So it was unclear whether the garage space was an ancillary service that landlord was required to maintain for tenant. 

Landlord sued to evict tenant from garage space, claiming that tenant had a commercial rental on a month-to-month basis. The garage space was located in the building that tenant lived in. The court ruled for landlord. Tenant appealed, and the case was sent back for a new trial. The lower court had made no determination as to whether tenant was rent stabilized, how long he had leased the garage space, and whether landlord directly provided the garage service. So it was unclear whether the garage space was an ancillary service that landlord was required to maintain for tenant. 

Royal Terrace Associates LP v. Singh: 39 Misc.3d 135(A), 2013 NY Slip Op 50582(U) (App. T. 1 Dept.; 4/11/13; Torres, PJ, Schoenfeld, Shulman, JJ)

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