In the recent decision of Kobrick v. New York State Division of Housing and Community Renewal,1 New York County Supreme Court Justice Alexander W. Hunter found that the building in question did not constitute a “horizontal multiple dwelling,” such that the building contained fewer than six units and was not subject to the Rent Stabilization Law. The decision gives us an opportunity to review the lengthy history of horizontal multiple dwellings under rent regulation.
Historical Background
RSL section 26-504(a) states that as a threshold matter, rent stabilization shall only apply to buildings containing “six or more dwelling units.” One might imagine that it is a simple matter to determine how many dwelling units a building has; usually the question can be resolved by the certificate of occupancy, or, if need be, a physical inspection.
