Two-Family House Not Part of Horizontal Multiple Dwelling

Landlord sued to evict tenant for nonpayment of rent. Landlord said that tenant's apartment was in an unregulated, two-family house. Tenant claimed that the building was an unregistered multiple dwelling because it was connected to another two-family house next door. She asked the court to dismiss the case. The court ruled against tenant. Tenant appealed and lost. The two buildings shared a common roof, front steps, lawn, and heating and hot water system. They also were owned and taxed together with several other addresses. But the two buildings had no internal passageways, and had separate entrances, electric service, sewerage systems, and certificates of occupancy. In addition, HPD's inspector described the building as a "two two family." The lower court properly ruled that the two buildings weren't a horizontal multiple dwelling.

Nichol v. Martinico: NYLJ, 2/26/08, p. 32, col. 1 (App. T. 2 Dept.; Weston Patterson, JP, Rios, J)