Inspection to Determine If Buildings Are Horizontal Multiple Dwelling

Tenant claimed that he lived in a rent-stabilized building and complained of a rent overcharge. Landlord claimed that tenant was unregulated. The DRA ruled for tenant, finding that tenant's building and the building next door together were a horizontal multiple dwelling (HMD) containing at least six apartments. The DRA stated that the two buildings shared a common tax block number, common building systems, and a history of combined purchase and sale, ownership, and management. Landlord appealed, claiming that the DRA relied on statements by an employee of a community organization to determine whether there were sufficient common building systems to warrant HMD status. Landlord had submitted an architect's statement of opinion that the buildings were not an HMD. The architect stated that there were separate entranceways for the residential units for each building; different heights between the two buildings; separate water, gas, electrical mains, and meters; different physical configurations of apartments between the buildings; separate and independent fire escapes; and the absence of a common facade. The DHCR ruled for landlord and reopened the case for further fact finding.

295 Broadway Realty Corp.: DHCR Adm. Rev. Docket No. UL210046RO (7/11/07) [3-pg. doc.]