Two Four-Unit Buildings Are Horizontal Multiple Dwelling

LVT Number: 19526

Landlord asked the DHCR to rule on whether its two buildings were exempt from rent stabilization. The two buildings were side-by-side row houses that shared a common wall. Landlord claimed that they were otherwise separate enough to be exempt from regulation. They had separate tax lot designations and were billed for taxes separately. Each building had its own entrance and separate street address. Utilities were metered separately, and water/sewer usage was billed separately. Landlord also said that each building had its own boiler/heating unit. The DRA ruled for landlord.

Landlord asked the DHCR to rule on whether its two buildings were exempt from rent stabilization. The two buildings were side-by-side row houses that shared a common wall. Landlord claimed that they were otherwise separate enough to be exempt from regulation. They had separate tax lot designations and were billed for taxes separately. Each building had its own entrance and separate street address. Utilities were metered separately, and water/sewer usage was billed separately. Landlord also said that each building had its own boiler/heating unit. The DRA ruled for landlord. Tenant appealed, arguing that the DRA didn't consider the answer she had filed with the DRA. Tenant claimed that the buildings had been treated as a horizontal multiple dwelling for 30 years. Both buildings had a long history of common ownership and management. Both had a single, common basement, and until November 2005, both had been served by one boiler located in the basement of one of the buildings. The DHCR ruled for tenant and found that the buildings were rent stabilized. Landlord didn't own the building on the base date, so it had no first-hand knowledge of whether utilities were separate at that time. Until recently, there was a common boiler. And from 1984 until 1997, the buildings were registered as rent stabilized. Current landlord waited 12 years to question the buildings' status. Based on their shared ownership and facilities, the buildings together were a horizontal multiple dwelling, subject to rent stabilization.

Mayer: DHCR Adm. Rev. Docket No. UG930050RT (1/30/07) [6-pg. doc.]

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