Tenant May Sublet Garage Space

Landlord bought a building with a garage used by tenants. One tenant had two garage spaces and sublet one of them to another tenant. Landlord asked the DHCR if tenant was permitted to do so. In an opinion letter, the DHCR said that garage spaces provided as ancillary services in a rent-stabilized building become part of the ''housing accommodation.'' So tenant was entitled, under the Rent Stabilization Code, to sublet the garage space in the same manner as tenant could sublet a rent-stabilized apartment. Tenant must submit a written sublet request to landlord, and landlord can't unreasonably withhold consent. And tenant is permitted to sublet for only two years out of a four-year period.

DHCR Opin. Ltr. by Charles Goldstein (4/8/03) [3-pg. doc.]