Building Contains Six Units, Not Four

Tenant claimed that she was rent stabilized and asked the DHCR for a ruling. Tenant claimed that the premises was a six-family horizontal multiple dwelling that shared facilities such as heat, hot water, electric, and sewer. Landlord claimed that the Certificate of Occupancy (C of O) for the building allowed only four apartments and that the space at the rear building was for storage and contained illegal apartments. The DRA ruled for tenant. Landlord appealed and lost. There were prior DHCR rulings that the building contained fewer than six apartments and therefore was unregulated. But DHCR inspection in this case showed that the premises consisted of more than one building. And the C of O submitted by landlord in fact showed that the building contained six dwelling units. So tenant was subject to rent stabilization.

Campos: DHCR Adm. Rev. Docket No. AW110045RO (5/9/14) [3-pg. doc.]