Landlord Must Prove Registration Filed with HPD

Facts: Landlord sued to evict tenant for nonpayment of rent. The building wasn't a multiple dwelling, and landlord lived outside New York City. The law requires landlords who live outside the city to register one- or two-family buildings with HPD and to designate a local managing agent for the building in the registration statement. Landlord didn't state in its petition that there was such a registration statement on file. Tenant asked the court to dismiss the case. Court: There was no procedural requirement in any law that landlord had to state that the managing agent registration statement was filed, so it would be improper to dismiss the petition. But landlord would have to prove at a trial that the building was properly registered.

Brocato v. Guisto: NYLJ, p. 33, col. 2 (9/15/99) (Civ. Ct. Richmond; Straniere, J)