Garage Rents of Other Tenants Irrelevant

LVT Number: 9546

Tenant complained of a rent overcharge. She had a rent-stabilized garage lease, and claimed that landlord let some tenants park for free. The DRA ruled against tenant, finding her base rent and subsequent increases to be legal. Tenant appealed. The DHCR denied tenant's appeal. Other tenants' garage rents were irrelevant. If landlord didn't charge other tenants the maximum permitted garage rent, then those tenants can claim that landlord has waived his right to charge a higher garage rent. This doesn't affect tenant's garage rent.

Tenant complained of a rent overcharge. She had a rent-stabilized garage lease, and claimed that landlord let some tenants park for free. The DRA ruled against tenant, finding her base rent and subsequent increases to be legal. Tenant appealed. The DHCR denied tenant's appeal. Other tenants' garage rents were irrelevant. If landlord didn't charge other tenants the maximum permitted garage rent, then those tenants can claim that landlord has waived his right to charge a higher garage rent. This doesn't affect tenant's garage rent.

Thompson: DHCR Adm. Rev. Dckt. No. CA610017RT (1/18/95) [3-page document]

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