Tenant's Building Is Rent Stabilized as Part of HMD

Tenants of two apartments complained to the DHCR that landlord failed to offer them rent-stabilized renewal leases. Landlord claimed that tenants lived in a two-family dwelling that wasn't subject to rent stabilization. Tenants claimed that their building was part of a six-family dwelling complex. They also pointed out that landlord had previously offered them renewal leases and registered the apartments as rent stabilized. Landlord argued that the buildings were physically separate and had separate building systems. The DRA ruled for tenants after landlord failed to appear for an inspection. Landlord appealed and lost, then filed an Article 78 court case appealing the DHCR's decision. The court sent the case back to the DHCR for reconsideration.

The DHCR then ruled for tenants. Inspection showed that the front and rear buildings shared a water main and water meter, a sewer main, electrical service lines, and a gas main. There were at least six apartments in the two buildings. The electrical meters, intercom system, and mailboxes for the apartments in both buildings were in the front building. In addition to common ownership, the two buildings shared the same address and property lot, and access to the rear building could only be through the front building. The DHCR found that the common factors of the two buildings outweighed the facts that they were separate structures, had separate heat and hot water systems, separate gas meters, and separate identification numbers on file with city agencies.

192 Kent Street LLC: DHCR Adm. Rev. Docket Nos. FP210006RP, FS210005RP (11/8/17) [6-pg. doc.]