Two Adjoining Buildings Are Horizontal Multiple Dwelling

Tenant complained of a rent overcharge. Landlord claimed that tenant wasn't rent stabilized, because the building contained only five apartments. The DRA ruled for tenant and ordered landlord to refund $7,680, including interest. Landlord appealed and lost. Tenant's building and the one next door together formed a horizontal multiple dwelling containing eight apartments. The buildings were located on the same tax lot and were never separately owned or managed. Separate outside doors were removed and replaced with a single roofed entrance. From the street they look like one building. A single rear yard for the two buildings was reached by a single door used by tenants of both buildings. The boilers for both buildings, along with the water heaters for all apartments, were located in the basement of one of the buildings.

Julia 455, LLC: DHCR Adm. Rev. Docket No. YG210005RP (9/15/10) [3-pg. doc.]