Two Buildings Constitute Horizontal Multiple Dwelling

Tenant complained of a rent overcharge. Landlord claimed the building wasn't rent stabilized because it contained only two apartments. The DRA ruled for landlord, and tenant appealed. Tenant claimed that the building was part of a horizontal multiple dwelling with two other buildings; the total number of apartments was ten. The DHCR found that tenant's building was at least part of a horizontal multiple dwelling with the six-unit building next-door. The physical plant and operation of the two buildings was connected. All of the electrical meters were located in the cellar of one building; the cellars were connected; heat and hot water were supplied by one oil burner; both buildings had the same superintendent, same water main, and one garbage receptacle. Both buildings were also virtually identical in exterior appearance.

1577 Bushwick Avenue, Apt. 2: DHCR Adm. Rev. Dckt. No. EL 210252-RT (6/15/93) [4-page document]