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Posted by TenantNet on February 04, 1997 at 14:58:02:

In Reply to: reserved parking when building has recently opened a restaurant on the first floor? posted by Helenea Johnson on February 04, 1997 at 09:29:45:

: I am a 3rd floor tenant with two children, when I moved into the apt.
the first floor was vacant, since then a restaurant was put in and the
parking situation has become ridiculous. I asked my landlord about
reserving parking for the two tenants
: which reside in the building and he stated that this not a part
of the lease, but when the lease was drawn there was not a restaurant.
What do we as tenants do? Do we have any rights?

From a legal standpoint, probably not. It appears your problem (I assume NYC)
is that you no longer have easy parking and that it's not a noise problem
or something like that -- you could make a stink about the quality of
life problem with the community board and/or police. But unless parking
was part of your lease or a service that was actually provided in a space
owned/controlled by the owner, then there's not a lot you can do. If it's
a public street parking situation, then of course you can also park there
and neither the owner or the restaurant can get you to move -- as long as
parking is permitted on the street at all. If it's in a lot controlled by
the owner, if you can prove it was an ongoing service that was provided,
and (possibly) that this service was used to entice you to rent there,
then you might have something to go on.

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Comments:
: : I am a 3rd floor tenant with two children, when I moved into the apt. 
: the first floor was vacant, since then a restaurant was put in and the 
: parking situation has become ridiculous. I asked my landlord about 
: reserving parking for the two tenants 
: : which reside in the building and he stated that this not a part 
: of the lease, but when the lease was drawn there was not a restaurant. 
: What do we as tenants do? Do we have any rights?

: From a legal standpoint, probably not. It appears your problem (I assume NYC)
: is that you no longer have easy parking and that it's not a noise problem
: or something like that -- you could make a stink about the quality of
: life problem with the community board and/or police. But unless parking
: was part of your lease or a service that was actually provided in a space
: owned/controlled by the owner, then there's not a lot you can do. If it's
: a public street parking situation, then of course you can also park there
: and neither the owner or the restaurant can get you to move -- as long as
: parking is permitted on the street at all. If it's in a lot controlled by
: the owner, if you can prove it was an ongoing service that was provided,
: and (possibly) that this service was used to entice you to rent there,
: then you might have something to go on.


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