Landlord Can't Demolish Garage

April 30, 2000

LVT Number: 14055

Landlord asked the DHCR for permission to demolish existing garage space connected to its building and to replace the garages with open-air parking lots. The DHCR ruled against landlord, and landlord appealed, claming that the DHCR's decision was unreasonable. The court ruled against landlord. Landlord didn't prove that the garages couldn't be renovated or replaced, or that the cost to do so was too great, or that the proposed parking lot would be an adequate substitute service.

Landlord asked the DHCR for permission to demolish existing garage space connected to its building and to replace the garages with open-air parking lots. The DHCR ruled against landlord, and landlord appealed, claming that the DHCR's decision was unreasonable. The court ruled against landlord. Landlord didn't prove that the garages couldn't be renovated or replaced, or that the cost to do so was too great, or that the proposed parking lot would be an adequate substitute service. Also, the fact that some garages were demolished under orders of other agencies didn't relieve landlord of its obligations under the Rent Stabilization Law and Code.

Langdale Owners Corp. v. DHCR: NYLJ, 4/19/00, p. 30, col. 5 (Sup. Ct. Queens; Milano, J)

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