Rents Permanently Reduced for Loss of Garage Parking

LVT Number: #24817

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, finding that landlord's demolition of parking garages that had previously been used by tenants was a diminution of a required service. The DRA directed landlord to restore garage service. In a separate case, the DHCR responded to landlord's application to modify services and ordered landlord to restore 110 parking spaces.

Rent-stabilized tenants complained of a reduction in building-wide services. The DRA ruled for tenants and reduced their rents, finding that landlord's demolition of parking garages that had previously been used by tenants was a diminution of a required service. The DRA directed landlord to restore garage service. In a separate case, the DHCR responded to landlord's application to modify services and ordered landlord to restore 110 parking spaces. In consolidated appeals, the DHCR found that landlord didn't have to rebuild the parking garages since landlord now provided 214 open lot parking spaces to tenants. But tenants were entitled to a permanent rent reduction for the loss of the garage parking, although future rent increases could be collected above the new, reduced rents.  

Various Tenants/Capital Equities Association LP: DHCR Adm. Rev. Docket Nos. ZE110066RT, ZF710048RO (3/22/13) [4-pg. doc.]

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