Right to Be Placed on Waiting List for Parking Space

Rent-stabilized tenant complained of a decrease in required services, claiming that landlord wouldn't put him on the waiting list for a garage space. Landlord argued that this wasn't a required service because tenant never had a garage space. Landlord also claimed that tenant had never challenged the registration statements, which said that landlord wouldn't provide garage space. The DRA ruled for landlord, and tenant appealed. The DHCR ruled for tenant, and ordered a rent cut. Tenant had the right to be placed on a waiting list for a garage space on the base date. So, even if tenant never had a parking space or never disputed the registration statements, the right to the space is a required service.

Katz: DHCR Adm. Rev. Dckt. No. CL 610179-RT (4/20/94) [3-page document]