Landlord Can Collect Combined Security Deposit for Apartment Plus Parking

September 28, 2017
LVT Number: #27951

Rent-stabilized tenant complained of rent overcharge based both on his apartment rent and parking fees collected from the date that he moved in. He also said that his apartment was unlawfully deregulated while the building was receiving a 421-a tax abatement, and that his security deposit was too high. The DRA applied the four-year rule to tenant's complaint and found that tenant's 2005 vacancy rent of $1,350 and initial parking fee of $150 couldn't be challenged. There was no rent overcharge, and landlord was entitled to maintain a combined $1,500 security deposit for the apartment plus parking fee rents. The DHCR also pointed out that since tenant hadn't received lease rider notices that his apartment would be subject to deregulation when the building's 421-a benefits ended, he would remain rent-stabilized until the end of his tenancy. [Download PDF of decision here.]


Craven: DHCR Adm. Rev. Docket No. EW210067RT (6/8/17) [3-pg. doc.]