Building Part of Horizontal Multiple Dwelling

Tenant complained of a rent overcharge. Landlord claimed the building wasn't subject to rent stabilization. The DRA ruled for tenant, finding that the building was part of a horizontal multiple dwelling. Landlord appealed and lost. The building complex contained common walkways, parking facilities, and common open areas, making it a ''garden apartment'' complex. Landlord created 20 individual boiler rooms and installed individual boilers in 1988 as part of a subdivision process. But the four-unit structures were heated on the base date, May 6, 1969, by one or more common heating plants. The fact that the two original certificates of occupancy weren't modified after being issued in 1951 showed that there was common ownership of the complex until 1987, when landlord completed subdivision and sold off nine of the original 20 structures. Landlord was ordered to register all the apartments.

Zandieh: DHCR Adm. Rev. Dckt. No. HL 120206-RO (9/11/95) [4-page document]