Building Not Part of Horizontal Multiple Dwelling

Tenant claimed she was subject to rent stabilization. The DRA ruled against tenant. After holding a hearing, the DRA found that the apartment was exempt from stabilization because it was located in a building that contained fewer than six apartments and wasn't part of a horizontal multiple dwelling. Tenant appealed and lost. Proof submitted at the hearing showed that in 1969 the two adjoining buildings in question were owned by different landlords. One building existed in 1903; the other was built much later. Building plans showed also that each building had always had its own sewer line, water main, gas and electrical lines, and sprinklers. Each building also had its own super. The only common facility on May 6, 1969, was a heating system. There was no common heating system after 1984.

O'Reilly: DHCR Adm. Rev. Dckt. No. KK430025RT (11/2/99) [3-pg. doc.]