Building Not Part of a Horizontal Multiple Dwelling

Landlord sued to evict tenant. Landlord claimed that the building wasn't rent regulated. Tenant claimed that he was rent stabilized because the building was part of a horizontal multiple dwelling with an adjoining building. The court ruled for landlord. Tenant appealed and lost. The fact that landlord owned both buildings and they shared a single tax lot wasn't enough to make the buildings a horizontal multiple dwelling. Inside, the two buildings shared only a common wall. There were no passages from the roof to the basement. The buildings had different addresses, separate entrances, and separate electrical and gas lines and meters. There were two certificates of occupancy and separate multiple dwelling registration numbers. There currently was one water meter, but there previously had been two. One was removed because of a defect and hadn't been replaced by the city.

Yahudaii v. Lawson: NYLJ, 10/9/03, p. 29, col. 5 (App. T. 2 Dept.; Aronin, JP, Patterson, Golia, JJ)