DHCR Records Show Building Is Covered

Facts: Landlord sued to evict tenant after serving a 30-day termination notice. Landlord claimed the building was a two-family house. Tenant claimed he was rent-stabilized. There were two adjoining buildings with three street addresses and one common boiler, heating plant, and set of electric meters. However, between the two buildings there were only two apartments on the second floor; the ground floor was commercial space. The certificates of occupancy indicated the same. But landlord had registered tenant's apartment with the DHCR, given tenant renewal leases that looked like rent-stabilized renewal forms, and had at one time charged tenant a 1/40th rent increase. Court: Landlord loses. Even if there were less than six apartments, landlord's two buildings constituted a horizontal multiple dwelling and landlord had treated tenant as a rent-stabilized tenant. Since the DHCR's records indicate the building is covered by rent stabilization, landlord should raise the issue with the DHCR.

834-48 Nostrand & Eastern Corp. v. Barley: NYLJ, p. 29, col. 4 (7/5/95) (Civ. Ct. Kings; Finkelstein, J)