Posted by renee on August 05, 1999 at 16:31:26:
In Reply to: Re: No Multiple Dwelling Registration posted by Mark Smith on August 05, 1999 at 13:08:12:
Thanks for all of your answers, I guess that I left one thing out that would have helped Anna answer my question. The building is new construction and only 1 1/2 years old and has never had a MDR.
Does this make a difference ?
: 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
: 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
Note: Posting is disabled in all archives
Post a Followup