Buildings Are Horizontal Multiple Dwelling

LVT Number: 13808

Tenant objected to landlord's 1984 building registration. Landlord claimed that the building had only two apartments. The DRA ruled that the building wasn't subject to rent stabilization because it contained fewer than six units. Tenant appealed, claiming that the building was part of a horizontal multiple dwelling. The DHCR sent the case back for further consideration, and the DRA ruled for tenant. The five buildings shared a common boiler and fuel supply. The electricity meters for all of the buildings were located in one building.

Tenant objected to landlord's 1984 building registration. Landlord claimed that the building had only two apartments. The DRA ruled that the building wasn't subject to rent stabilization because it contained fewer than six units. Tenant appealed, claiming that the building was part of a horizontal multiple dwelling. The DHCR sent the case back for further consideration, and the DRA ruled for tenant. The five buildings shared a common boiler and fuel supply. The electricity meters for all of the buildings were located in one building. The buildings were owned by one landlord under a single deed and mortgage. In addition, the first floor and basement of all of the buildings had been rented to a single commercial tenant for over 30 years, and there were common passageways between the buildings. Until 1987, all of the buildings had the same block and lot number, and payments for real estate, water, and sewer taxes were included on the same tax bill. Landlord appealed and lost. There were enough common factors that the buildings made up a horizontal multiple dwelling, subject to rent stabilization.

A.L. Taieb Realty: DHCR Adm. Rev. Dckt. Nos. EI210112RO et al. (11/2/99) [4-pg. doc.]

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