Tenant Entitled to Covered Parking Space

Tenant complained of a reduction in services. He claimed that he was entitled to a covered parking space because it was included in the rent for the prior tenant of his apartment. The DRA and DHCR ruled against tenant. Tenant then filed a court appeal, claiming that DHCR's decision was unreasonable. The DHCR agreed to reconsider, and ruled for tenant. Rent Stabilization Code Section 2520.6(r) defines required services to include any services included in an apartment rent on or after the base rent date. Landlord had provided the covered parking space to prior tenant and included it in that tenant's rent. It wasn't an ancillary service for which tenant had a separate lease and paid a separate charge. So the covered parking space became a service for tenant's apartment that was built into the rent.

Seldin: DHCR Adm. Rev. Docket No. TH610011RP (6/15/07) [4-pg. doc.]