Horizontal Multiple Dwelling Is Rent Stabilized

June 30, 2011

LVT Number: #23460

Tenant asked the DHCR to determine whether he was rent stabilized. The DRA ruled for tenant, finding that the building was part of a horizontal multiple dwelling. Landlord appealed and lost. Landlord claimed that a 1986 Certificate of Occupancy (C of O) listed the building as a separate one- or two-family building. But, under the rent stabilization law and code, a multiple garden-type dwelling complex containing common building systems on the date that the building or complex first became subject to rent stabilization was rent stabilized, no matter what the C of O said.

Tenant asked the DHCR to determine whether he was rent stabilized. The DRA ruled for tenant, finding that the building was part of a horizontal multiple dwelling. Landlord appealed and lost. Landlord claimed that a 1986 Certificate of Occupancy (C of O) listed the building as a separate one- or two-family building. But, under the rent stabilization law and code, a multiple garden-type dwelling complex containing common building systems on the date that the building or complex first became subject to rent stabilization was rent stabilized, no matter what the C of O said. And landlord didn't show up to give access for the DHCR inspection of the building.

25-06 87th Street: DHCR Adm. Rev. Docket No. YH120028RO (5/27/11) [2-pg. doc.]

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