No Eviction Until DHCR Decides If Building Is Horizontal Multiple Dwelling

March 1, 1995

LVT Number: 9557

Landlord sued to evict tenant. Landlord claimed that the building wasn't subject to rent stabilization. The trial court ruled for landlord, and tenant appealed. The appeals court reversed. Tenant claimed that his apartment was part of a horizontal multiple dwelling (HMD) subject to rent stabilization. The DHCR had issued an order in 1986, which found that tenant's building and two adjoining buildings were an HMD. But in 1989 the DHCR issued two other orders exempting tenant's building from rent stabilization. Tenant had filed a complaint asking the DHCR to resolve this discrepancy.

Landlord sued to evict tenant. Landlord claimed that the building wasn't subject to rent stabilization. The trial court ruled for landlord, and tenant appealed. The appeals court reversed. Tenant claimed that his apartment was part of a horizontal multiple dwelling (HMD) subject to rent stabilization. The DHCR had issued an order in 1986, which found that tenant's building and two adjoining buildings were an HMD. But in 1989 the DHCR issued two other orders exempting tenant's building from rent stabilization. Tenant had filed a complaint asking the DHCR to resolve this discrepancy. The appeals court ruled that landlord couldn't evict tenant until the matter was resolved by the DHCR. Tenant, in the meantime, must continue to pay use and occupancy.

C&O Realty Corp. v. Hart: NYLJ, p. 27, col. 4 (2/27/95) (App. T. 1 Dept.; Parness, JP, McCooe,Glen, JJ)

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