Two Buildings Weren't a Horizontal Multiple Dwelling

Landlord asked the DHCR for a determination of the rent regulation status of 1456 Coney Island Avenue. Landlord said that the building was mistakenly registered as rent-stabilized although it contained fewer than six apartments, and that the building was unregulated. The DRA ruled against landlord, finding that the building was part of a horizontal multiple dwelling with the building next door and that the buildings together contained more than six apartments. Landlord appealed and won. Landlord had submitted documentation showing that, although the buildings shared a single Certificate of Occupancy (C of O), 1456 also had a newer C of O and that all building systems for the two buildings were separate. The DHCR agreed. The DRA mistakenly found that the two buildings shared a heating system and a chimney. There also were separate water mains, sewer pipes, roofs, lighting systems, electric meters, gas connections and meters, basements, bell-buzzer systems, and entrances. And 1456 Coney Island Avenue contained only four apartments.

Bosco Realty Associates: DHCR Adm. Rev. Docket No. BO210045RO (1/26/18) [4-pg. doc.]