Space Covered Under Rent Stabilization

Tenant complained of a rent overcharge because landlord charged her separately for a garage space. She claimed that the garage space was a service covered by her apartment lease rent. The DRA ruled for tenant. Landlord appealed, claiming that the garage space wasn't a required service, the garage rent wasn't subject to rent stabilization and, in any case, tenant's garage space was moved from outdoors to indoors at tenant's request. The DHCR ruled against landlord. Tenant had rented the garage space since she moved into the apartment. Landlord provided the garage service directly to tenants, and the garage rents were subject to renewal lease hikes. Landlord didn't raise the issue of moving tenant's garage space before the DRA, so it couldn't raise it on its PAR.

Hill Top House, Inc.: DHCR Admin. Rev. Dckt. No. PG610072RO (1/17/02) [3-pg. doc.]