Tenant Claiming Apartment Part of Horizontal Multiple Dwelling May Inspect Building Systems

Landlord sued to evict tenant from a four-family house based on nonpayment of rent. Landlord alleged that the apartment was unregulated, but tenant claimed that it was rent stabilized because the building was part of a horizontal multiple dwelling (HMD) with an adjoining building. Landlord and tenant's attorneys agreed that landlord would share certain records, but tenant then asked the court to grant discovery to compel landlord to produce: (a) copies of leases from apartments in both buildings; (b) a physical inspection of the building by tenant, her attorney, and her expert; and (c) a deposition of landlord. Tenant then asked the court to direct landlord to comply with those requests. The court ruled for tenant in part. 

To address the question of whether a building is part of a HMD, courts evaluate whether the buildings have sufficient indicia of common facilities, ownership, management, and operation to warrant treating the housing as an integrated unit subject to rent regulation. No one factor is determinative but courts consider whether there is common ownership and common structure, and look, for example, at whether there are common sewer and water lines, heating systems or boilers, a shared chimney, backyard or front yards, cellars and basements, electric lines, gas lines ,and plumbing.  On this basis, the court granted tenant's request for building system inspection, accompanied by a landlord representative, at which tenant could take photographs and measurements. The court saw no reason for a deposition or other discovery at this point.

360-362 Lafayette, LLC v. Brown: Index No. LT-304210-22, 2024 NY Slip Op 50041(U), 81 Misc.3d 1231(A)(Civ. Ct. Kings; 1/16/24; Basu, J)