Landlord Can't Reassign Tenant's Parking Space

LVT Number: 10540

Rent-stabilized tenant rented a garage space under a separate garage lease. The garage lease was for a specific parking spot. Tenant asked the DHCR if landlord could terminate tenant's garage lease based on tenant's refusal to change the location of his parking space. In an opinion letter, the DHCR said no. Given the fact that tenant's garage lease specified a particular parking space and contained no other rider, landlord couldn't, without valid justification, reassign tenant to another parking space.

Rent-stabilized tenant rented a garage space under a separate garage lease. The garage lease was for a specific parking spot. Tenant asked the DHCR if landlord could terminate tenant's garage lease based on tenant's refusal to change the location of his parking space. In an opinion letter, the DHCR said no. Given the fact that tenant's garage lease specified a particular parking space and contained no other rider, landlord couldn't, without valid justification, reassign tenant to another parking space.

DHCR Opin. Ltr. by Nathaniel Geller (11/21/95) [1-page document]

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