Building Not Part of Horizontal Multiple Dwelling

Tenant asked the DRA to rule on whether he was rent stabilized. Landlord claimed that tenant was unregulated because the apartment was in a two-family building. The DRA ruled for tenant, finding that the building was part of a horizontal multiple dwelling. Landlord appealed and won. The three buildings had separate gas connection and service, separate boilers, separate sewer lines, separate party walls, separate entrances, separate chimneys, separate electrical service, and small parapet walls between the buildings. The DHCR's inspector found only that the buildings shared a common water main, which landlord's engineer disputed. The shared water main, common ownership, deed, and block and lot numbers were insufficient to make the building part of a horizontal multiple dwelling.

NCL Realty: DHCR Adm. Rev. Dckt. No. RJ120079RO (4/19/05) [3-pg. doc.]