Two Buildings Are Horizontal Multiple Dwelling

The DRA ruled that two adjoining buildings were a horizontal multiple dwelling subject to rent stabilization. Landlord appealed, pointing out that a prior DHCR order ruled that one of the buildings wasn't rent stabilized because it contained only four units. The DHCR ruled against landlord. One building had four apartments, and the other had five. There was a gas boiler in the basement of one building providing service to the other. There was a single water main for both buildings and the sewer lines for the two buildings were connected. There were separate party walls in the basements, and the two basements were connected by bolted doors. The electric meters for both buildings were located in one of the buildings. The buildings also had a common history of ownership and management, and had one tax lot number. The DHCR said that it wasn't bound by its prior ruling because that was an overcharge complaint by one tenant and it wasn't required in that case to determine if the building was rent stabilized.

466 Assocs.: DHCR Adm. Rev. Dckt. No. MH420055RO (12/8/98) [5-pg. doc.]