Building Not Registered with HPD

May 31, 2002

LVT Number: 15834

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because the petition didn't state that the building was registered with HPD as a multiple dwelling. The court ruled for tenant. Landlord must prove either that the building was registered or that it wasn't a multiple dwelling and so no registration was required. Landlord did neither. And tenant showed that at least three residential tenants lived in the building for several years. So the building was, in fact, a multiple dwelling that needed to be registered.

Landlord sued to evict tenant. Tenant asked the court to dismiss the case because the petition didn't state that the building was registered with HPD as a multiple dwelling. The court ruled for tenant. Landlord must prove either that the building was registered or that it wasn't a multiple dwelling and so no registration was required. Landlord did neither. And tenant showed that at least three residential tenants lived in the building for several years. So the building was, in fact, a multiple dwelling that needed to be registered.

Tan Holding Corp. v. Weber: NYLJ, 5/15/02, p. 19, col. 2 (Civ. Ct. NY; Kern, J)

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