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expired multiple dwelling registration

NYC Rent Regulation: Rent Control/Rent Stabilized, DHCR Practice/Procedures

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Re: expired multiple dwelling registration

Postby ronin » Sun Jun 16, 2002 2:32 am

The strangest thing is that they white out the areas of the document that identify the owner, and then certify that it is a true and correct copy.

Frankly, there is no basis for them to deny the complete form. If you make a Freedom of Information Law request it should show up completely. Or you have the right to bring a case against the agency that is hiding the info.

As for using it in court, yes, an unregistered building is supposed to be unable to use the Housing Court. But so much depends on which judge you have. Let me know if you get screwed by a judge on this issue.

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Re: expired multiple dwelling registration

Postby TenantNet » Sun Jun 16, 2002 7:41 am

If I remember, the HMC requires them to redact the owner's personal contact information. As for lack of registrations, prior comments have revolved around lack of a Certificate of Occupancy as a preclusion for rent liability. However, owners must attest to HPD registration for jurisdicational purposes in the context of summary proceedings. It might work initially, but the defect would probably be correctable.
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Re: expired multiple dwelling registration

Postby Brooklyn Babe » Mon Jun 17, 2002 1:01 am

Expired MDR is definitely a good thing, but only for buying time.
When served with papers, file your answer in Housing Court using the checklist they hand out. Tick off anything that sounds remotely like it may apply to you. The day before your court date, get another certified copy of the expired registration. When you appear in court, go to the court clerk at the sign in desk and tell him to let the judge know that you are requesting a "dismissal". IF asked it's based on "invalid paperwork". Judge will probably be sarcastic, will ask for proof, but will dismiss. The key is to try to not let your LL lawyer get wind that there is no valid MDR until the judge sees you, as they can a) have it renewed between the space of time that it takes for you to check in and the time it takes for your case to be called. b) the LL lawyer will request an anjournment prior to the case being called etc...
Once the registration becomes valid, your LL can bring the proceeding against you again and also sue you for the rent not paid in the period of the expired registration.
Best of Luck!
The above information is from a non-attorney tenant activist and is not considered or to be used as legal advice.
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