Commonly Owned Buildings Are Horizontal Multiple Dwellings

Tenant claimed that his apartment was rent stabilized because the building was part of a horizontal multiple dwelling. The DRA ruled for tenant. Landlord appealed and lost. Tenant wasn't bound by a prior DRA ruling that the building wasn't rent stabilized, because he wasn't a party to that case. And that case was under appeal. In addition, the two buildings had sufficient common facilities, ownership, management, and operation to constitute a horizontal multiple dwelling with six or more apartments subject to rent stabilization. The two buildings in question had a long history of common ownership and common management. In addition, the buildings were covered by a single deed with a single metes and bounds description. The building also had been located on the same tax block and lot until DOB granted prior landlord's 2001 application to subdivide the tax lot. The buildings also had an identical front facade, and the division in the brick wall of the buildings and in the cornices between the buildings was minimal. The buildings shared a chimney and a heating system.

Zawisny: DHCR Adm. Rev. Dckt. No. TE220001RO (4/7/06) [6-pg. doc.]