Landlord Can't Seek Rent Without Multiple Dwelling Registration

November 25, 2014

LVT Number: #24888

Landlord sued tenant for nonpayment of rent. Tenant had never moved into the apartment and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The building was a multiple dwelling but wasn't registered with HPD. Therefore, landlord couldn't proceed at this time on its claim for unpaid rent.

Landlord sued tenant for nonpayment of rent. Tenant had never moved into the apartment and asked the court to dismiss the case. The court ruled for tenant, and landlord appealed. The appeals court ruled against landlord. The building was a multiple dwelling but wasn't registered with HPD. Therefore, landlord couldn't proceed at this time on its claim for unpaid rent.

Frebar Development Corporation v. Waksal: Index No. 103525/10, 2014 NY Slip Op 07446 (App. Div. 1 Dept.; 10/30/14; Tom, JP, Sweeny, Andrias, Moskowitz, Gische, JJ)

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