Tenant Moved into Horizontal Multiple Dwelling After Two Buildings Were Separated

March 1, 2003

LVT Number: 16418

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized based on a 1990 DHCR order finding that the building was part of a horizontal multiple dwelling. Landlord claimed that the DHCR order didn't apply because tenant moved into the building in 1994, and landlord made alterations after 1990 that separated the building from the adjacent building. The court ruled for tenant and dismissed the case. Once the DHCR ruled that the building was a horizontal multiple dwelling, the apartment became rent stabilized. It didn't matter if tenant moved in later.

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized based on a 1990 DHCR order finding that the building was part of a horizontal multiple dwelling. Landlord claimed that the DHCR order didn't apply because tenant moved into the building in 1994, and landlord made alterations after 1990 that separated the building from the adjacent building. The court ruled for tenant and dismissed the case. Once the DHCR ruled that the building was a horizontal multiple dwelling, the apartment became rent stabilized. It didn't matter if tenant moved in later. And once the building was found to be part of a horizontal multiple dwelling, altering the building to separate it from the other building after the rent stabilization base date didn't remove the building from rent stabilization coverage.

Reico Intl. Realty Ltd. v. Hamdeh: NYLJ, 2/5/03, p. 21, col. 2 (Civ. Ct. Kings; Finkelstein, J)

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