Two Buildings Are Horizontal Multiple Dwelling
LVT Number: #21044
(Decision submitted by David Hershey-Webb of the Manhattan law firm of Himmelstein McConnell Gribben Donoghue & Joseph, attorneys for the tenants.)
Landlord applied to the DHCR for a ruling on whether a building was subject to rent stabilization. Landlord claimed that the five-apartment building was exempt because it contained fewer than six apartments on the base date. Tenants claimed that the building, together with the building next door, formed a horizontal multiple dwelling (HMD) subject to rent stabilization.
The DRA ruled for tenants. Landlord appealed and lost. The DHCR found that there were sufficient common features to find that the buildings were an HMD. Construction of the two buildings began and ended under the same permit on the same dates in 1891. On and after July 1, 1974, the base date, the two buildings have had a long history of common ownership and common management. They also were conveyed by a single deed. The buildings had one shared heating system. HPD records showed that there was a common heating system as far back as 1939. Tenants showed that the heating system for the two buildings was separated in the 1980s, well after the 1974 base date. Inspection of the buildings showed that they had an identical front façade, and shared an uninterrupted cornice above the first floor. The buildings also had a common rear yard. The roofs had an uninterrupted parapet wall and a common wall 20 feet from the front of the buildings. The buildings had a common chimney. Though requested to do so, landlord failed to submit heat and electric usage records back to the base date.
The DRA ruled for tenants. Landlord appealed and lost. The DHCR found that there were sufficient common features to find that the buildings were an HMD. Construction of the two buildings began and ended under the same permit on the same dates in 1891. On and after July 1, 1974, the base date, the two buildings have had a long history of common ownership and common management. They also were conveyed by a single deed. The buildings had one shared heating system. HPD records showed that there was a common heating system as far back as 1939. Tenants showed that the heating system for the two buildings was separated in the 1980s, well after the 1974 base date. Inspection of the buildings showed that they had an identical front façade, and shared an uninterrupted cornice above the first floor. The buildings also had a common rear yard. The roofs had an uninterrupted parapet wall and a common wall 20 feet from the front of the buildings. The buildings had a common chimney. Though requested to do so, landlord failed to submit heat and electric usage records back to the base date.
11 Realty NY, LLC: DHCR Adm. Rev. Docket No. SJ420020RO (1/13/09) [10-pg. doc.]
Downloads
| 11 Realty.pdf | 585.61 KB |