Buildings Are Horizontal Multiple Dwelling

LVT Number: 16956

Tenant asked the DHCR to decide if her building was part of a horizontal multiple dwelling and, so, subject to rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Common facilities among the buildings outweighed separate elements. Tenant's building and two other buildings had common ownership, management, mortgage, were covered by a single deed, and had a single ''metes and bounds'' description.

Tenant asked the DHCR to decide if her building was part of a horizontal multiple dwelling and, so, subject to rent stabilization. The DRA ruled for tenant. Landlord appealed and lost. Common facilities among the buildings outweighed separate elements. Tenant's building and two other buildings had common ownership, management, mortgage, were covered by a single deed, and had a single ''metes and bounds'' description. The buildings also had common insurance, a common water main, a one-story extension covering and connecting the lots of the buildings, and internal doorways on the ground floor connecting all of the buildings. Two of the buildings had a common roof and were on the same tax block and lot. Two of the buildings shared an entrance.

Ponte Equities, Inc.: DHCR Adm. Rev. Dckt. No. PF420047RO (9/4/03) [7-pg. doc.]

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