Two Buildings Are Horizontal Multiple Dwelling

Landlord applied to the DHCR for a ruling on whether its two buildings were rent stabilized. The rear building contained three apartments, and the front building contained three apartments. The two buildings were separated by a courtyard. Landlord argued that the buildings were each free-standing and not interconnected. The DRA ruled against landlord and found that the two buildings were, together, a horizontal multiple dwelling subject to rent stabilization. Landlord appealed and lost. The two buildings shared common ownership, central heating system, water main, and sewer pipe. The fact that there were two multiple dwelling registrations didn't matter because landlord filed those documents. And multiple family apartment complexes typically contained buildings with separate C of Os and MDRs. Landlord also had been registering the six apartments as rent stabilized since 1984. And landlord unreasonably waited 18 years to challenge the rent-regulated status of the building.

JAG Realty Group, Ltd: DHCR Adm. Rev. Dckt. No. RF420003RO (12/27/05) [5-pg. doc.]