Apartment Located in Horizontal Multiple Dwelling

Landlord asked the DHCR for a ruling that tenant's apartment was exempt from rent stabilization. Landlord claimed that the building contained fewer than six apartments since the passage of the ETPA in 1974. Landlord also argued that the building wasn't part of a horizontal multiple dwelling because it had its own Certificate of Occupancy since 1947, showing four apartments and one store. Landlord also said that the building had no common management or shared facilities with any other building. The DRA ruled against landlord. The Office of Rent Control (ORC) had ruled in 1983 that the building was rent stabilized. Landlord appealed, claiming that the prior ruling wasn't binding because it wasn't supported by detailed facts. The DHCR again ruled against landlord. In 1983, the ORC had ruled that landlord's building and two other buildings were a horizontal multiple dwelling and had to be registered with Rent Stabilization Association. Prior and current landlords also had registered the building with the DHCR as rent stabilized for most years since 1984.

Fernandez: DHCR Adm. Rev. Docket No. VA420011RO (8/8/07) [3-pg. doc.]