Landlord Can't Charge Garage Rent Increases

LVT Number: 9856

Tenants complained of rent overcharge claiming that landlord charged too much for their garage spaces. The DHCR ruled for tenants. Landlord appealed, claiming that the DHCR could only regulate apartments and their ''essential services.'' The court and appeals court ruled against landlord. Landlord's overcharges violated rent regulation laws; the DHCR's decision was rational.

Tenants complained of rent overcharge claiming that landlord charged too much for their garage spaces. The DHCR ruled for tenants. Landlord appealed, claiming that the DHCR could only regulate apartments and their ''essential services.'' The court and appeals court ruled against landlord. Landlord's overcharges violated rent regulation laws; the DHCR's decision was rational.

Matter of Mariani: NYLJ, p. 29, col. 5 (6/20/95) (App. Div. 2 Dept.; Mangano, PJ, Joy, Hart, Florio, JJ)