Two Adjoining Buildings Don't Have Enough Common Facilities

Tenants claimed that their two buildings were part of a horizontal multiple dwelling complex and so were subject to rent stabilization. The DRA ruled against tenants, finding that the buildings, which each contained less than six apartments, weren't a horizontal multiple dwelling. Tenants appealed, claiming that the buildings had common ownership and management. They also claimed the buildings had common water-line and sewer-waste systems. The DHCR ruled against tenants. The items claimed by tenants weren't sufficient to prove there was a horizontal multiple dwelling. On the other hand, an inspection showed that the two buildings had separate heating systems, water mains, sewer pipes, gas connections, roofs, entrances, and electrical connections. In addition, access couldn't be gained between each building without exiting each building. One of the buildings had no basement. The buildings also had separate mailbox systems and addresses. And rent control records showed that the buildings had been treated as separate since the original 1943 registration.

Nakano/Ross: DHCR Adm. Rev. Dckt. No. FG430034RT (11/5/97) [5-page document]