Building Is Part of Horizontal Multiple Dwelling

Tenant complained of a rent overcharge. Landlord claimed that the building wasn't rent stabilized. The DRA ruled for tenant, finding that the building was part of a horizontal multiple dwelling and therefore subject to rent stabilization. Landlord appealed and lost. Landlord claimed that a front building built in 1906 was a seven-unit tenement building, but that the back building where tenant lived was built in 1900 as a two-family dwelling. Landlord also claimed that DOB listed the buildings as two separate dwellings. A property next door also had the same configuration and had been determined to be two separate structures. But tenant couldn't enter her apartment from the street. She must first enter the front building, then cross a yard to get access. The two buildings had been managed by the same person for at least 20 years. The two buildings also shared the same boiler, a single water main line, and common gas and lighting systems. How the property next door was treated was unrelated to whether landlord's building was a horizontal multiple dwelling.

Musovic: DHCR Adm. Rev. Docket No. ZG610019RO (6/23/12) [2-pg. doc.]