DHCR Must Further Investigate Whether Buildings Are HMD

Landlord asked the DHCR to determine the rent regulatory status of 131 East 45th Street. Landlord claimed that the building was mistakenly registered as rent-stabilized in the 1980s even though the building contained only five apartments. The building’s 1931 Certificate of Occupancy listed five apartments. The DRA ruled against landlord, finding that 131 and 133 East 45th Street together were a horizontal multiple dwelling (HMD) containing six or more apartments. Rent control records showed that in 1972 131 had four rent-controlled apartments and 133 had six rent-controlled apartments. The DHCR’s inspector was unable to locate gas connections, a central heating system, water main, and sewer lines. But inspection showed that the basement contained eight electric meters, one chimney, no common cellar, and a party wall separating both buildings. The front facade was the same for both buildings. Number 131 had five mailboxes, and 133 had six mailboxes. DOF records showed both buildings registered as 13 units under 131 East 45th Street.

Landlord appealed, arguing that the DHCR didn’t conduct a complete inspection. The DHCR ruled for landlord and reopened the case. The DRA’s file indicated that it had intended to conduct a second inspection on notice to landlord. The DHCR must conduct a thorough examination of the buildings’ external features, internal configurations, and facilities.

131 East 45th Street, LLC/122East 45th Street, LLC: DHCR Adm. Rev. Docket Nos. BW410022RO, BW410023RO (4/7/15) [4-pg. doc.]