Building Not Part of Horizontal Multiple Dwelling

New landlord refused to renew tenant's rent-stabilized lease, claiming that the building contained fewer than six apartments. Tenant complained to the DHCR that landlord didn't renew her lease. Landlord, in turn, asked the DHCR to rule on whether tenant's building was part of a horizontal multiple dwelling. The DHCR held a hearing and ruled that the building wasn't part of a horizontal multiple dwelling. Tenant appealed, claiming that the DHCR's ruling was unreasonable. The court ruled for tenant and sent the case back to the DHCR. The DHCR appealed, claiming that there was no reason to send the case back. The appeals court ruled for the DHCR. At the hearing, landlord proved that since 1903, the only common building system was a shared heating system. There was no other common structural or mechanical system between the buildings. Common ownership and a shared heating system aren't enough to make two buildings a horizontal multiple dwelling.

O'Reilly v. DHCR: NYLJ, 2/19/02, p. 18, col. 1 (App. Div.1 Dept.; Tom, JP, Mazzarelli, Wallach, Buckley, Friedman, JJ)