Front and Rear Buildings Formed Horizontal Multiple Dwelling

Landlord asked the DHCR to rule on whether tenant was subject to rent stabilization. Tenant's building contained fewer than six apartments, but tenant claimed that the building was part of a horizontal multiple dwelling containing six or more apartments. The DRA ruled for tenant.
Landlord appealed and lost. The front and rear buildings were separated by a 25-foot yard, but shared a water meter and tenant access. The electrical meters for the rear building were located in the front building. Before 2004, the two buildings shared a boiler for heat. Landlord claimed that, before 1996, the buildings had separate boilers, but landlord didn't provide sufficient proof of this. DOB records don't state that the single boiler replaced two separate boilers. Landlord didn't own the building in 1996, so had no personal knowledge of how the buildings were heated before then. The two buildings also shared the same owner, manager, tax bill, block and lot number, deed, and mortgage. The buildings had separate roofs, facades, basements, water mains, sewer systems, intercoms, and walls. They also had different numbers of stories. The number of shared features outweighed the separate features of the two buildings. Together they formed one rent-stabilized property.

Koros: DHCR Adm. Rev. Docket No. WA220012RO (1/13/09) [4-pg. doc.]