Two Buildings Were Not Horizontal Multiple Dwelling

Facts: Landlord sued to evict tenant after sending a 30-day termination notice. The building contained four apartments, and landlord claimed that tenant was a month-to-month tenant. Tenant claimed that the apartment was rent stabilized because the building was part of a horizontal multiple dwelling with another building. The buildings shared the same address. They weren't located side by side but on the front and rear of the same lot. The buildings didn't touch, were separated by a courtyard, and shared no common physical structure. The front building had two apartments; the rear building, four. Entry to the rear building was from an alleyway on the left of the front building. The buildings had separate roofs, walls, stairways, entranceways, cellars, fire escapes, heating systems, gas lines, gas meters, and certificates of occupancy. The drainage systems for the two buildings were separate, but both led to the same street. There were no party walls adjoining the two buildings. There were separate sanitary waste lines leading to a common house trap located under the front building. The buildings shared water service by the same water main and were billed by the same water meter. Electric service for both buildings was provided by one electric main, and meters for apartments in both buildings were located in the front building. The buildings had been owned by one owner since 1908. They were currently under one mortgage. The buildings were assessed together for real estate tax purposes, were managed jointly, and there was one fire and liability insurance policy for both buildings. Court: Tenant loses. While there is strong proof of common ownership and management, the history of common facilities is not as strong. The buildings are completely physically separate. The limited services that are shared by both build- ings are the result of necessity. Any service from the street to the rear building has to run either through or under the front building.

259 4th Ave. LLC v. Williams: NYLJ, 1/27/03, p. 21, col. 4 (Civ. Ct. Kings; Pinckney, J)