Building Is Horizontal Multiple Dwelling

February 1, 1993

LVT Number: 6736

The DHCR ruled that landlord's buildings made up a horizontal multiple dwelling subject to rent stabilization. Landlord appealed, and both the trial and appeals courts upheld the DHCR's ruling. The DHCR's decision was rational. There was a history of common ownership; a common heating system; a common meter for lighting in all public areas; a common chimney; a common facade and roofs; and combined taxes, sewer, and water bills for the buildings that were paid by one owner since 1978.

The DHCR ruled that landlord's buildings made up a horizontal multiple dwelling subject to rent stabilization. Landlord appealed, and both the trial and appeals courts upheld the DHCR's ruling. The DHCR's decision was rational. There was a history of common ownership; a common heating system; a common meter for lighting in all public areas; a common chimney; a common facade and roofs; and combined taxes, sewer, and water bills for the buildings that were paid by one owner since 1978.

[Matter of Digby Management Co.: NYLJ, p. 21, col. 5 (1/7/93) (App. Div. 1 Dept.; Murphy, PJ, Milonas, Ross, Rubin, JJ)].

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