Court Finds Two Buildings Are Horizontal Multiple Dwelling

Landlord sued to evict tenant, claiming that the apartment was unregulated. Tenant claimed that he was rent stabilized because his five-unit building was part of a horizontal multiple dwelling. The court ruled for tenant and dismissed the case. Tenant had lived in the building for 20 years. Tenant’s five-unit building stood in front of another two-unit building on the same block and lot. The DOF building classification for the block and lot was C-1, defined as over six families without stores. The DOF tax classification was 2B, defined as 7-10 unit rental. Tenant testified that, to access the rear building one had to walk through the front building, then out to a small concrete yard, then to the rear building. The mailboxes for both buildings were in the front building. The buzzer system covered both buildings. A concrete wall ran parallel to both buildings and was connected to them. There were eight electric meters in the basement of the front building, two large tanks, and seven gas meters. An architect testified that there were water and sewer pipes that ran between the two buildings. There also was only one water meter for both buildings. There were also electric pipes spliced to service both buildings. 

110-112 LLC v. Perez: Index No. 54738/15, NYLJ No. 1202759979650 (Civ. Ct. NY; 3/30/16; Schreiber, J)