Landlord-Tenant—Buildings Constitute Horizontal Multiple Dwelling—Common Management, Common Heating Facilities, Common Mortgage and Common Insurance Policies
A landlord commenced a holdover proceeding, alleging that it could terminate the subject tenancy because the tenant’s apartment is located in a building which contains only three apartments and is therefore, not subject to rent regulation. The tenant asserted that his building and two adjacent buildings (buildings), each of which has three apartments, “are owned and operated together and thus by law—9 NYCRR §2500.9—constitute a rent-stabilized horizontal multiple dwelling.” The buildings are located on one lot. The tenant’s apartment is located in the middle building. The court found that the tenant’s apartment “is located in a rent stabilized horizontal multiple dwelling” and dismissed the proceeding.
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