Two Connected Buildings Are Horizontal Multiple Dwelling

Landlord sued to evict month-to-month tenant. Tenant claimed that she was rent stabilized. Although her building contained fewer than six apartments, she said her building was connected to the building next door, and that together, the buildings were a horizontal multiple dwelling. The court ruled for tenant and dismissed the case. Landlord had treated tenant's building and the building next door as one building. There was a history of common ownership and management of the buildings. And the buildings had one chimney, a united architectural appearance, adjoining entrance doors leading to a common lobby, an uninterrupted tile floor, an undivided backyard, and passageways between the buildings on each floor. The buildings were separated only by a single party wall.

Kelenzon v. DeRobertis: NYLJ, 10/2/02, p. 20, col. 5 (Civ. Ct. Kings; Alterman, J)