DHCR to Reconsider Building's Horizontal Multiple Dwelling Claim

LVT Number: #23657

The DHCR determined that a building owned by Pollock and another adjoining building owned by Booth and Scantlebury together comprised a horizontal multiple dwelling with six or more apartments, which therefore were subject to rent stabilization. Pollock appealed, claiming that he received no notice of a reconsideration proceeding that the DHCR ordered before confirming its determination. The court ruled for landlord and sent the case back to the DHCR.

The DHCR determined that a building owned by Pollock and another adjoining building owned by Booth and Scantlebury together comprised a horizontal multiple dwelling with six or more apartments, which therefore were subject to rent stabilization. Pollock appealed, claiming that he received no notice of a reconsideration proceeding that the DHCR ordered before confirming its determination. The court ruled for landlord and sent the case back to the DHCR. The DRA must give Pollock and tenants who had not previously participated the chance to submit evidence and arguments on the issue of the buildings' rent-stabilization status.

Pollack, Booth and Scantlebury: DHCR Adm. Rev. Docket No. ZG420014RP (8/31/11) [3-pg. doc.]

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