Condo Owner Not Liable

LVT Number: 10650

(Decision submitted by Eric L. Waldron, of Barclay Arms Associates.) Rent-stabilized tenant complained of a rent overcharge based on excessive garage rent. The DRA ruled that landlord condo owner wasn't liable for any possible garage overcharge, since landlord never collected any garage fees. Tenant's garage rent was paid separately to the garage operator. The DRA ruled that tenant's garage rent was subject to rent stabilization and that tenant could commence a court proceeding to recover any excess fees collected by the garage operator.

(Decision submitted by Eric L. Waldron, of Barclay Arms Associates.) Rent-stabilized tenant complained of a rent overcharge based on excessive garage rent. The DRA ruled that landlord condo owner wasn't liable for any possible garage overcharge, since landlord never collected any garage fees. Tenant's garage rent was paid separately to the garage operator. The DRA ruled that tenant's garage rent was subject to rent stabilization and that tenant could commence a court proceeding to recover any excess fees collected by the garage operator.

Lisanti v. Barclay Gardens Condominiums: DRA Order No. ZFA110265R (3/19/96) [1-page document]