$52 Annual Parking Fee Not Minor

LVT Number: 17121

Tenant complained of a reduction in building-wide services after cooperative corporation started charging a $52 annual fee for parking. Landlord, which owned various apartments in the building, claimed that this was a minor condition and that it wasn't responsible for the increase. The DRA ruled for tenant. Landlord appealed and lost. From 1977 to 1997, tenant wasn't charged for parking. In 1997, tenant was charged a $2 annual fee. This was minor given the amount and the fact that tenant didn't complain within four years.

Tenant complained of a reduction in building-wide services after cooperative corporation started charging a $52 annual fee for parking. Landlord, which owned various apartments in the building, claimed that this was a minor condition and that it wasn't responsible for the increase. The DRA ruled for tenant. Landlord appealed and lost. From 1977 to 1997, tenant wasn't charged for parking. In 1997, tenant was charged a $2 annual fee. This was minor given the amount and the fact that tenant didn't complain within four years. But in 2001, the parking fee went up to $25, and in 2002 it went to $52. This wasn't minor. And even though the co-op charged the parking fee, landlord was responsible for providing required services.

BH Village, LLC: DHCR Adm. Rev. Dckt. No. QJ110072RO (12/12/03) [3-pg. doc.]

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