Opinion
2000-10166
Submitted November 9, 2001.
December 3, 2001.
In a proceeding pursuant to CPLR article 78 to review a determination of the Commissioner of the New York State Division of Housing and Community Renewal, dated December 22, 1999, finding that the building owned by the petitioner is a horizontal multiple dwelling subject to rent regulation, the petitioner appeals from a judgment of the Supreme Court, Kings County (Garry, J.), dated September 13, 2000, which denied the petition and dismissed the proceeding.
Sperber Denenberg, P.C., New York, N.Y. (Jacqueline Handel-Harbour of counsel), for appellant.
Marcia P. Hirsch, New York, N.Y. (Kathleen Lamar of counsel), for respondent New York State Division of Housing and Community Renewal.
Finder, Novick, Kerrigan Anderson Palitz, LLP, New York, N Y (Stephen H. Palitz of counsel), for respondent Martin Moore.
Before: CORNELIUS J. O'BRIEN, J.P., ANITA R. FLORIO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgement is affirmed, with one bill of costs.
Horizontal multiple dwellings may be subject to rent regulation provided that they share common facilities and services so as to warrant treating the housing as an integral unit (see, Matter of Salvati v. Eimicke, 72 N.Y.2d 784; Matter of Waljoy Realty Co. v. New York State Div. of Hous. Community Renewal, 242 A.D.2d 635). Under the circumstances of this case, the determination of the Commissioner of the New York State Division of Housing and Community Renewal that the three buildings in question constitute a horizontal multiple dwelling subject to rent regulation because they have common ownership, common management, and share common facilities was not arbitrary and capricious (see, CPLR 7803; Matter of Petruso v. New York State Div. of Hous. Community Renewal, 216
A.D.2d 301; Matter of Ruskin v. Miller, 172 A.D.2d 164; Nine Hunts Lane Realty Corp. v. New York State Div. of Hous. and Community Renewal, 151 A.D.2d 465; Matter of Bambeck v. New York State Div. of Hous. and Community Renewal Off. of Rent Admin., 129 A.D.2d 51; Matter of Love Securities Corp. v. Berman, 38 A.D.2d 169).
O'BRIEN, J.P., FLORIO, SCHMIDT and TOWNES, JJ., concur.