Buildings Were Not Horizontal Multiple Dwelling

Facts: Landlord asked the DHCR for a ruling that five adjacent buildings were exempt from rent stabilization. Landlord claimed that prior landlord had mistakenly registered the buildings. Each building contained less than six apartments. Based on landlord's documents and inspection, the DRA ruled for landlord. The DRA found that each building had its own water main, sewer line, lighting system, electric meters, gas connection, basement, entrances, bell and buzzer system, certificate of occupancy, mortgage and deed. The buildings weren't part of a horizontal multiple dwelling as tenant claimed in response to landlord's application. Tenant appealed. DHCR: Tenant loses. Although the same landlord owns the buildings and some of the buildings shared a common boiler and chimney and had common commercial tenants, the separate elements of the buildings far outweighed the common elements. In addition to the items cited by the DRA, the DHCR found that each building had its own block and lot designation, was assessed for real estate taxes, and was billed separately for water and sewer. The buildings had also been registered separately under the MBR system with the old Office of Rent Control.

Cannon: DHCR Adm. Rev. Dckt. No. EC 410201 RT (6/8/95) [8-page document]