Building Was Horizontal Multiple Dwelling Subject to Rent Stabilization

White Plains tenants asked the DHCR to determine the rent-regulated status of their apartment. The DRA ruled that the building was rent stabilized since it was constructed before Feb. 1, 1947, and contained at least six apartments on the July 1, 1974, base date. In 2015, the number of apartments was reduced from six to five, but this didn't exempt the building from rent stabilization. Landlord appealed and lost. Tenants' building and an adjoining building formed a horizontal multiple dwelling with common facilities, ownership, management, and operation. Landlord's two buildings were a single unified structure with two entrances, a common facade, roof, porch, and single exit at the rear of the premises. The premises had been commonly owned and managed back to the 1920s, were under a single deed and a single tax parcel, and had a single heating system and single gas line. A Certificate of Occupancy issued in 2016 also listed the premises as a single multiple dwelling. And the premises contained six apartments both before and after the 1974 base date.

12-14 Chestnut Hill LLC: DHCR Adm. Rev. Docket No. EW910030RO (6/27/17) [6-pg. doc.]