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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Payne v. Rivera, 28 Misc. 3d 469 (2010)

Citation
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Parent Document
Payne v. Rivera, 28 Misc. 3d 469 (2010)
Jurisdiction
New York (state)
Effective Date
2010-05-14

Full Text

1,217 chars
Respondents also assert that they have demonstrated as a matter of law that petitioner owns and operates as a single multiple dwelling both the building in which the premises is located and another building, that therefore that they have established that the premises is located in a horizontal multiple dwelling, that together the two buildings have at least six residential units, and therefore that rent-stabilization coverage under the Emergency Tenant Protection Act of 1974 (ETPA) (as added by L 1974, ch 576, § 4) has been triggered. Respondents show that the premises is located in one of two buildings on a real estate parcel, that petitioner owns the parcel, and that the City of New York designates the parcel on its tax map by a single lot number. Respondents also allege that the building in which the premises is located has three residential units and that the other building has four residential units and a ground-floor restaurant. Respondents also allege that both buildings receive heat, gas, hot water, and electricity from common sources. This, respondents argue, demonstrates as a matter of law that the number of residential units equals or exceeds six and therefore that the ETPA obtains here.