Building Is Part of Horizontal Multiple Dwelling

LVT Number: 13950

Landlord asked the DRA for a ruling that tenant's apartment wasn't rent stabilized. Landlord claimed that tenant's building contained fewer than six apartments. The DRA ruled against landlord. Landlord appealed and lost. Tenant's building and the building next door together were a horizontal multiple dwelling, subject to rent stabilization. The two buildings, both built in 1881, had been owned and managed together long before the 1974 base date. The buildings shared a party wall, a common basement doorway, common rear passageway, common rear facade, and common rear fire balconies.

Landlord asked the DRA for a ruling that tenant's apartment wasn't rent stabilized. Landlord claimed that tenant's building contained fewer than six apartments. The DRA ruled against landlord. Landlord appealed and lost. Tenant's building and the building next door together were a horizontal multiple dwelling, subject to rent stabilization. The two buildings, both built in 1881, had been owned and managed together long before the 1974 base date. The buildings shared a party wall, a common basement doorway, common rear passageway, common rear facade, and common rear fire balconies.

Mauro: DHCR Adm. Rev. Dckt. No. KC420126RO (1/13/00) [4-pg. doc.]

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