Two Adjoining Buildings Formed Horizontal Multiple Dwelling

Tenant asked the DHCR to determine whether she was rent stabilized. Tenant claimed that her building and the building next door formed a horizontal multiple dwelling. Each building had three apartments and the same landlord. The DRA ruled for tenant after inspection. The two buildings shared a history of common ownership, common tax block and lot number, and common facilities, such as a shared heating system located in one of the buildings and shared water main, sewer line, and lighting system. The buildings together had seven electric meters all contained in one building's basement. They also had identical front facades, shared a chimney, and had one roof with a 10-inch high parapet wall between the two buildings. There was common entry for both basements, although it was separated by a party wall. There were separate gas connections, bell and buzzer systems, and entrances.
Landlord appealed and lost. Landlord claimed that tenant's building was a de facto cooperative exempt from rent stabilization. But there was no proof that the building was ever converted to cooperative ownership under GBL Section 352-eeee. The two buildings shared many common building systems, which outweighed any separate features of the buildings.

Caputo/Dominguez: DHCR Adm. Rev. Docket No. WH420056RO (6/11/09) [5-pg. doc.]