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Re: No Multiple Dwelling Registration

Posted by Mark Smith on August 05, 1999 at 13:08:12:

In Reply to: Re: No Multiple Dwelling Registration posted by Anna on August 05, 1999 at 12:17:01:

The Appellate Term in the Second Department
(Queens, Brooklyn, and Staten Island) has been
more sympathetic to tenants on this issue. It
has ruled that, once the landlord gets a Multiple
Dwelling Registration number, it can collect
rents prospectively -- effective from the date of
the MDR and afterwards. The Appellate Term,
First Department (Manhattan and the Bronx), has
ruled that, once the landlord gets the MDR, it
can collect rents retroactively.


In addition to McKinney, as Anna suggested, you
might also go the the local housing court and see
what resources they have. In Manhattan, they
have at least two landlord-tenant books: one for
residential (Scherer and Fisher-Brandveen) and
one more general (Finkelstein and Ferrara).
Other resources are the fourth edition of Rasch's
Landlord and Tenant, and the annual volumes and
various index books of Housing Court Reporter
(HCR). Perhaps the other boroughs' (although not
likely Staten Island) housing courts have similar
resources.

==============================================

Anna wrote:

: Warning: it is unlikely that a 25 unit building was NEVER registered: there is no guarantee that
a Judge will apply the MDL 325 penalty for
failing to have a current registration: s/he
should dismiss the case (LL will file again as
soon as s/he registers). Having a current MDR is
a required prerequisite for both non-payment and
holdover cases.

==============================================

: : The building that I live in (Queens Cty.) is
not registered as a Multiple Dwelling Although,
it obviously is. (Approx. 25 Apts.) We have not
paid rent in
: : approx. 8 mos. due to a dispute over repairs.
I had read some earlier posts that stated If the building is not properly registered no rent
arears can be collected.
: : Would anyone know if this is correct ?

Thanks ! Renee



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