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Posted by Anna on February 16, 2000 at 17:49:16:

In Reply to: denied garage lease posted by Jessica Fitzpatrick on February 11, 2000 at 05:11:34:

: My son is the lesee of a rent stabilized apratment in a 150 unit building in Queens, NY, built in 1947 and converted to a coop about 13 years ago. (We remained renters. He assumed the lease from me in 1998 - I was the lessee from 1976 until 1997. At the time he assumed the lease we were renting two garage spaces. The rental agreement for the garage spaces remained in my husband's and my name although my son took over the payments. In June of 1998, we were "locked out" of one of the spaces because, according to the management company, the garage rental payment for one of the spaces was two months in arrears. We continued to make timely payments on the other space. My husband parks in that space when staying overnight with my son, which he does several nights a week. My son has now applied for a second space (in his own name) but his application was denied because, according to the garage lease, having once been two months in arrears, he has "forfeited his right to a garage spot in the future". In addition, the coop board now says that the second space must be forfeited because it is in my husband's name and my husband "no longer resides in the building". We have a lease dated December, 1999 signed by the agent for the Onwners' Corp., issued in my husband's name, for one space. What are our rights? Is the forfeiture clause legal? Is there an appeal process and what is it? Does the signed lease protect our rights to one spot? Thank you for any information you can give.

Someone would need to review your original leases from 20 years ago.

Basically: if the garage lease was a stabilized lease or a service listed on one, your son should have have succeeded to it with the main lease. If it was not, you should read the Offering Plan very carefully: the ByLaws and Proprietary Lease should describe what happens to garage leases.

Some clues: Was the garage lease or space listed as a service (ancillary service?) on the original DHCR registration in 1984? If you don't have a copy, call DHCR, ask for a Rent History for the apt. It will be mailed to 'occupant' at the apt: some, not all, services are listed. Did the rent on the garage increase at the same, or a lower, rate as your apt? You can get a little more info about 'required services' and 'ancillary services' in the DHCR section on TenantNet Home,http://www.tenant.net/DHCR_info/

Then gather/digest your old and current apt and garage leases and the Offering Plan, bring all the papers to a Tenant Clinic or DHCR or call one or more of them.

RE: the two current/forfeited garage leases: if the leases were never stabilized, the Coop can do whatever it wants (read the leases) as long as it treats all tenants equally and does not discriminate against non-shareholders. A tenant would appeal their decision to the Board of Directors.

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: : My son is the lesee of a rent stabilized apratment in a 150 unit building in Queens, NY, built in 1947 and converted to a coop about 13 years ago. (We remained renters. He assumed the lease from me in 1998 - I was the lessee from 1976 until 1997.  At the time he assumed the lease we were renting two garage spaces. The rental agreement for the garage spaces remained in my husband's and my name although my son took over the payments.   In June of 1998, we were "locked out" of one of the spaces because, according to the management company, the garage rental payment for one of the spaces was two months in arrears. We continued to make timely payments on the other space. My husband parks in that space when staying overnight with my son, which he does several nights a week.  My son has now applied for a second space (in his own name) but his application was denied because, according to the garage lease,  having   once been two months in arrears, he has "forfeited his right to a garage spot in the future".  In addition, the coop board now says that the second space must be forfeited because it is in my husband's name and my husband "no longer resides in the building".  We have a lease dated December, 1999 signed by the agent for the Onwners' Corp., issued in my husband's name, for one space. What are our rights?  Is the forfeiture clause legal?  Is there an appeal process and what is it?  Does the signed lease protect our rights to one spot?  Thank you for any information you can give.  

: 
: Someone would need to review your original leases from 20 years ago.

: Basically: if the garage lease was a stabilized lease or a service listed on one, your son should have have succeeded to it with the main lease.  If it was not, you should read the Offering Plan very carefully: the ByLaws and Proprietary Lease should describe what happens to garage leases. 

: Some clues: Was the garage lease or space listed as a service (ancillary service?) on the original DHCR registration in 1984?  If you don't have a copy, call DHCR, ask for a Rent History for the apt.  It will be mailed to 'occupant' at the apt: some, not all, services are listed.  Did the rent on the garage increase at the same, or a lower, rate as your apt?  You can get a little more info about 'required services' and 'ancillary services' in the DHCR section on TenantNet Home,http://www.tenant.net/DHCR_info/ 

: Then gather/digest your old and current apt and garage leases and the Offering Plan, bring all the papers to a Tenant Clinic or DHCR or call one or more of them.

: RE: the two current/forfeited garage leases: if the leases were never stabilized, the Coop can do whatever it wants (read the leases) as long as it treats all tenants equally and does not discriminate against non-shareholders.  A tenant would appeal their decision to the Board of Directors.


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