Tenant Using Garage Space for Family Member's Car

July 31, 2002

LVT Number: 15984

Rent-stabilized tenant had a garage space at the building as an ancillary service. Tenant was using the garage space not for his own car but to park the car of an out-of-state family member. Landlord asked the DHCR if this was permissible under rent stabilization. In an opinion letter, the DHCR said that subletting of the garage space was subject to the same rules as subletting of tenant's apartment. If tenant wished to sublet the garage space, he must ask landlord's permission and follow the general procedures for making a sublet request.

Rent-stabilized tenant had a garage space at the building as an ancillary service. Tenant was using the garage space not for his own car but to park the car of an out-of-state family member. Landlord asked the DHCR if this was permissible under rent stabilization. In an opinion letter, the DHCR said that subletting of the garage space was subject to the same rules as subletting of tenant's apartment. If tenant wished to sublet the garage space, he must ask landlord's permission and follow the general procedures for making a sublet request. On the other hand, if the family member was merely lending a car to tenant for tenant's use, sublet rules wouldn't apply.

DHCR Opin. Ltr. by Charles Goldstein (6/13/02) [2-pg. doc.]

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