Linked Buildings Are Horizontal Multiple Dwelling

Landlord sued to evict tenant after tenant's lease expired. Landlord claimed the building wasn't subject to rent regulation and so tenant wasn't entitled to a renewal lease. Tenant claimed he was rent-stabilized because, even though the building contained fewer than six apartments, the building was part of a larger horizontal multiple dwelling. The court ruled for tenant. Among other things, the two buildings had common ownership and management, one boiler, and one hot water plumbing system; were jointly registered with the DHCR; had the same mortgage and insurance policies; had shared fire balconies; and were linked through their cellars.

246-248 Tenth Realty v. Olle: NYLJ, p. 28, col. 4 (6/23/99) (Civ. Ct. NY; Elsner, J)