Tenant Waived Right to Contest Lapsed Multiple Dwelling Registration

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed several settlement agreements in court. Tenant agreed to pay over $8,000 in back rent owed. Tenant was evicted after failing to make all the payments required under the settlement agreements. Tenant then asked the court to vacate the judgment and allow him to move back into the apartment. Tenant claimed that landlord's multiple dwelling registration lapsed while the court case was pending, and that the case should have been dismissed for this reason. The court ruled against tenant. The issue wasn't a fatal defect, and landlord could have cured it at any time while the case was pending. But tenant never raised this issue before the eviction, and it had no effect on his tenancy or his ability to pay back rent owed.

A.G. Parker, Inc. v. Brown: NYLJ, 4/11/07, p. 20, col. 1 (Civ. Ct. Kings; Fiorella, J)