Buildings with Separate Systems Aren't Horizontal Multiple Dwelling

LVT Number: #25803

Tenant complained of rent overcharge. Landlord claimed that tenant wasn't rent stabilized. The DRA ruled for tenant, finding that tenant's building was part of a horizontal multiple dwelling containing at least six apartments. The DRA also found there was an overcharge. Landlord appealed and won. DHCR inspection showed that the two buildings in question were located on the front and back of a lot but weren't connected and didn't share any building systems.

Tenant complained of rent overcharge. Landlord claimed that tenant wasn't rent stabilized. The DRA ruled for tenant, finding that tenant's building was part of a horizontal multiple dwelling containing at least six apartments. The DRA also found there was an overcharge. Landlord appealed and won. DHCR inspection showed that the two buildings in question were located on the front and back of a lot but weren't connected and didn't share any building systems. The buildings were of different styles, had no common basement, boiler, pipes or other plumbing, chimney, basement, or gas or electric meters. In a prior case, the DRA had ruled that these two buildings weren't rent stabilized, and tenant in that case didn't appeal.

Chet Realty Corp.: DHCR Adm. Rev. Docket No. ZI210030RO (8/5/14) [4-pg. doc.]

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