Tenant Claims Building Is Horizontal Multiple Dwelling

Landlord brought a court case for an order stating that tenant's apartment wasn't rent stabilized. Landlord claimed that tenant's apartment was located in a building that contained fewer than six apartments. Tenant claimed that his building was part of a horizontal multiple dwelling that was rent stabilized. It had a common MDR number with the building next door, as well as a common boiler and the same owner. Together, the two buildings contained nine units. Landlord claimed that this wasn't sufficient proof of a horizontal multiple dwelling and asked the court to dismiss tenant's claim without a trial. The court ruled against landlord. Tenant raised enough factual questions that a trial was needed.

Lex 33 Assocs. LP v. Grasso: NYLJ, 3/6/02, p. 18, col. 1 (Sup. Ct. NY; Lebedeff, J)