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Horizontal multiple dwellings & MCI

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Horizontal multiple dwellings & MCI

Postby Phil Cohen » Sat Mar 09, 2002 1:14 pm

I live in a rent-stabilized apartment in Brooklyn. I am fairly sure that my building, one of several row houses under common ownership, is part of a "horizontal multiple dwelling." Now, here is the situation:
My landlord recently applied for an MCI based on a capital improvement in my building only--not the others.
My questions are this:
1. Assuming my building is part of a horizontal multiple dwelling, can the MCI be defeated because it only affects my building and not the others? (MCI rules, I understand, require that capital improvements affect "all tenants.")
2. How do I determine that my building is part of a "horizontal multiple dwelling"? Is this on file somewhere, or is this determined as the occasion arises?
Any thoughts or comments on the above would be greatfully appreciated, to me here publicly or by private email to sammysfather@aol.com.
thanks in advance,
Phil
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
Posts: 1016
Joined: Sat Mar 09, 2002 2:01 am

Re: Horizontal multiple dwellings & MCI

Postby <Jerry> » Sat Mar 09, 2002 1:20 pm

Well, I'm not an expert in Horiz. MD, but my understanding is that, at a minimum, they must share some building systems, i.e., a common boiler. There may be other necessary conditions. It would seem to me that if you are in a HMD, the MCI must affacet all tenants on all the buildings that make up the HMD. Look at DHCR policy statements, etc., on TenantNet and also search Housing Court Decisions for cases involving this issue.
<Jerry>
 

Re: Horizontal multiple dwellings & MCI

Postby Phil Cohen » Sun Mar 10, 2002 3:03 pm

Jerry,
Thanks for your reply.
I did search the site re horizontal multiple dwellings, and found some DHCR decisions but none that address this issue.
I suspect that the answer may be found in the actual regulations re MCI. I presume those are on the DHCR website, or are here. Can anyone point me in the right direction as to where they are?
Thanks,
Phil
Keep in mind that I am a tenant. Not a lawyer!!!!!
Phil Cohen
 
Posts: 1016
Joined: Sat Mar 09, 2002 2:01 am

Re: Horizontal multiple dwellings & MCI

Postby lappert » Sun Mar 10, 2002 9:21 pm

The Rent Stabilization Code -- is not on the DHCR web site (they did some updates, but not the whole code). The entire code is on TenantNet. Also see the Policy Statements, Operational Bulletins, etc.
lappert
 
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Joined: Tue Jan 22, 2002 2:01 am
Location: New York City


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