No Increase for Added Parking Space

Landlord applied for a $100 rent increase based on the addition of a parking space to the services included in tenant's rent during a prior vacancy. The DRA ruled against landlord, and landlord appealed. The DHCR ruled against landlord. Landlord may get a rent increase for a parking space when a tenant has requested a space and has agreed to pay for it. But in this case, landlord added the parking space and rented the apartment with the parking space at a higher rent. The new tenant's consent to the increase in these circumstances was meaningless. Landlord wasn't entitled to a rent increase for the parking space.

Mott: DHCR Adm. Rev. Dckt. No. HD710032RO (10/8/99) [4-pg. doc.]