Tenants Not Entitled to Second Free Parking Space

(Decision submitted by Jack Kuttner of the Manhattan law firm of Kucker Kraus & Bruh.) Facts: Landlord's building had an adjacent parking lot. On the base date, landlord gave each apartment one free, assigned parking space. Since there were several more outdoor parking spaces than there were apartments whose tenants owned cars, those tenants with more than one car were allowed to park in the few unassigned spaces on a first-come, first-serve basis. The number of spaces fluctuated as tenants moved in and out. But on any given day, no tenant had a right to park in more than one assigned space. In 1987 landlord offered tenants in one apartment a second assigned parking space from among the unassigned spaces for $30 per month. A few months later, tenants complained to the DHCR that this was a rent overcharge. The DRA and DHCR ruled for tenants. Landlord appealed. Court: Landlord wins. The facts clearly showed that on the base date the only service provided to tenants was a single free assigned parking space. Landlord never gave any tenant a second free assigned parking space on the base date or under any lease thereafter. The unassigned spaces that landlord permitted tenants to use never became a required service. There were obviously not enough of these spaces for all tenants and, like street parking, tenants parked there only if the spaces were available.

BRR Unsold Shares, L.P. v. DHCR: Index No. 09834/95 (1/16/96) (Sup. Ct. Westchester; Smith, J) [5-page document]