Tenant Claims Multiple Dwelling Registration Statement Invalid

April 30, 2003

LVT Number: 16528

Facts: Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case because the MDR statement on file with HPD was invalid. The address stated on the MDR for landlord's managing agent was that of a post office box. Landlord filed an amended MDR statement and argued that the court should deny tenant's request. The court ruled for tenant, finding that the improper MDR deprived the court of authority to hear the case. Landlord appealed. Court: Landlord wins. The court has the authority to rule on eviction cases.

Facts: Landlord sued to evict rent-stabilized tenant for owner occupancy. Tenant asked the court to dismiss the case because the MDR statement on file with HPD was invalid. The address stated on the MDR for landlord's managing agent was that of a post office box. Landlord filed an amended MDR statement and argued that the court should deny tenant's request. The court ruled for tenant, finding that the improper MDR deprived the court of authority to hear the case. Landlord appealed. Court: Landlord wins. The court has the authority to rule on eviction cases. The invalid MDR didn't prevent the court from hearing the case. The case was reopened and sent back for a trial.

Chan v. Adossa: NYLJ, 4/18/03, p. 21, col. 1 (App. T. 2 Dept.; Pesce, PJ, Aronin, Patterson, JJ)

Topics

More like this