Four-Family House Previously Part of Garden Apartment Complex

Tenant complained of a rent overcharge. Landlord claimed that the apartment wasn't subject to rent stabilization. The apartment was in a four-family house which had been part of a garden apartment complex but which had been divided into separate houses in 1987, before tenant moved in. The DRA ruled for tenant, finding that the apartment was part of a horizontal multiple dwelling. Landlord appealed. The DHCR ruled against landlord. It has long been DHCR policy that buildings like the one containing tenant's apartment remain subject to rent stabilization after being divided despite the fact that a new tenant moved in after the division. The group of buildings in this case constituted a horizontal multiple dwelling on the May 6, 1969, base date. There were six or more apartments, common facilities such as boilers, walkways, and parking facilities, and common ownership.

Zandieh: DHCR Adm. Rev. Dckt. No. KD120003RP (4/26/96) [4-page document]