Tenant Is Rent Stabilized Absent Proof That Building Is HMD

Tenant complained that new landlord failed to give her a rent-stabilized renewal lease and, instead, sent her a 30-day termination notice. Tenant claimed that her apartment was in a building that was part of a horizontal multiple dwelling (HMD) and was therefore rent stabilized. The DRA ruled for tenant based on landlord's failure to answer the DRA's notice of tenant's complaint, and ordered landlord to give tenant a rent-stabilized renewal lease.

Landlord appealed and lost. Landlord claimed that it had answered tenant's complaint, and that tenant's apartment was in a two-family building and wasn't rent stabilized. But the DHCR found that the USPS tracking number landlord referred to showed only that its mailing label was created, but that no mailing was reflected in the USPS system. The DHCR didn't have to consider landlord's answer at the PAR level. But, even if the DHCR did consider landlord's answer, the apartment appeared to be rent stabilized. DOB records showed that a building application and permit was completed in 1938 for three building alterations with two dwelling units each, for a total of six dwelling units. DOF records also showed that in 1938 the buildings were classified together for five- or six-family occupancy. These records didn't exclude the possibility that the building was part of an HMD. Whether the building was part of an HMD was determined on a case-by-case basis with consideration of an inspection of the premises and a determination of shared building systems.

97 Lefferts, LLC: DHCR Adm. Rev. Docket No. HW110043RO (1/31/20) [3-pg. doc.]