Building Was Part of Horizontal Multiple Dwelling

Tenant complained of rent overcharge. Landlord argued that tenant wasn't subject to rent stabilization, based on the DHCR's separate 1996 order finding that the building had four apartments and therefore wasn't rent stabilized. The DRA found no overcharge but ruled that the apartment was rent stabilized. Landlord appealed and lost. Landlord pointed out that another DHCR order, issued in 2013 for another apartment in the building, found that tenant rent-stabilized because he had lived there since 1971 when the building was part of a larger apartment complex. The DRA had relied on that order. The DHCR noted that the 2013 order stated that "the subject building was part of an apartment complex, containing six or more apartments and operated under common ownership on January 1, 1974." The 2013 DHCR order concerned the building status, not just that apartment's status, and was a binding determination that apartments in that building were rent stabilized.

Bassi: DHCR Adm. Rev. Docket No. GU110001RO (10/10/19) [2-pg. doc.]