Buildings Aren't Horizontal Multiple Dwellings

August 31, 1995

LVT Number: 9944

Landlord sued to evict tenant. Tenant claimed that landlord didn't register the building with HPD as part of a horizontal multiple dwelling. Tenant didn't claim the building was subject to rent stabilization. Landlord argued that no such registration was required because tenant's apartment was in a two-family house, not a multiple dwelling. The court ruled for landlord. Even if the building was part of a horizontal multiple dwelling under rent stabilization, landlord wasn't required to register a private home as a multiple dwelling. And the buildings weren't horizontal multiple dwellings.

Landlord sued to evict tenant. Tenant claimed that landlord didn't register the building with HPD as part of a horizontal multiple dwelling. Tenant didn't claim the building was subject to rent stabilization. Landlord argued that no such registration was required because tenant's apartment was in a two-family house, not a multiple dwelling. The court ruled for landlord. Even if the building was part of a horizontal multiple dwelling under rent stabilization, landlord wasn't required to register a private home as a multiple dwelling. And the buildings weren't horizontal multiple dwellings. They were four adjoining buildings, each with two apartments, built in 1928. At the time they were constructed on two separate lots with two sets of plans.

Almontaser v Cruz: NYLJ, p. 24, col. 3 (8/9/95) (Civ. Ct. Kings; Gould, J)

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