Buildings Are Not Horizontal Multiple Dwelling

Landlord sued to evict tenants after their leases expired. Tenants claimed that they were rent stabilized because landlord's four adjacent buildings together were a horizontal multiple dwelling. Each building had fewer than six apartments. The court ruled against tenants. Tenants appealed and lost. Tenants showed that the buildings had common ownership and management, combined tax assessment, a common heating system, facade, roof, and rear yard. But landlord showed that the buildings were built on separate lots, shared only a common wall, had no connecting passages from roof to basement, had separate entrance doors, vestibules, staircases to the upper floors and basement, fire escapes, chimneys, electricity, gas, and water and sewer lines.

Howell v. Francesco: NYLJ, 8/6/03, p. 23, col. 1 (App. T. 2 Dept.; Pesce, PJ, Golia, Rios, JJ)