Three-Unit Building Was Part of HMD

April 26, 2016

LVT Number: #26933

Landlord sued to evict tenant. Landlord claimed that the apartment was unregulated because the building contained only three apartments. Tenant claimed that the building was connected to two adjacent buildings each containing three apartments and that therefore the apartment was rent stabilized. The court ruled for tenant and dismissed the case. Tenant’s building was part of a horizontal multiple dwelling. The three buildings had only one owner for over 100 years, and were managed and operated in common.

Landlord sued to evict tenant. Landlord claimed that the apartment was unregulated because the building contained only three apartments. Tenant claimed that the building was connected to two adjacent buildings each containing three apartments and that therefore the apartment was rent stabilized. The court ruled for tenant and dismissed the case. Tenant’s building was part of a horizontal multiple dwelling. The three buildings had only one owner for over 100 years, and were managed and operated in common. The roofline was continuous, and the buildings shared common heating facilities, mortgage, and insurance policies.

 

 
78 Havemeyer LLC v. Abuzaid: Index No. 906071/13, NYLJ No. 1201751009737 (Civ. Ct. Kings; 1/29/16; Marton, J)

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