Four Buildings Are Horizontal Multiple Dwelling

LVT Number: 10220

Tenant complained that landlord didn't offer him a rent-stabilized renewal lease. Landlord claimed the apartment was part of a two-family house and wasn't subject to stabilization. Tenant claimed his building was connected to another one which contained three apartments. The DRA ruled against tenant, finding that tenant's apartment wasn't rent-stabilized and pointing out that a building must have six apartments to be rent-stabilized. Tenant appealed, claiming he'd learned that his building was one of four connected buildings constituting a horizontal multiple dwelling.

Tenant complained that landlord didn't offer him a rent-stabilized renewal lease. Landlord claimed the apartment was part of a two-family house and wasn't subject to stabilization. Tenant claimed his building was connected to another one which contained three apartments. The DRA ruled against tenant, finding that tenant's apartment wasn't rent-stabilized and pointing out that a building must have six apartments to be rent-stabilized. Tenant appealed, claiming he'd learned that his building was one of four connected buildings constituting a horizontal multiple dwelling. The DHCR ruled for tenant. All four buildings shared a common facade. Although they had separate exterior doors, there was also a common archway entry to an interior courtyard. All four buildings also had available individual entry through this common courtyard. The roof was continuous and common for the four buildings. The four buildings were also commonly owned and managed by landlord. There were 10 units in the buildings; the entire complex was built in 1920; the entire structure had only one block and lot number; and the taxes were billed as one to landlord.

Hidalgo: DHCR Adm. Rev. Dckt. No. FD 610183-RT (8/10/95) [5-page document]

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