Building Not Registered with HPD

September 30, 1999

LVT Number: 13566

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's building wasn't registered with HPD, and so the case should be dismissed. The court ruled against tenant, finding that the building was a two-family house that didn't have to be registered. Tenant appealed and won. Since the building had a third apartment, it must be considered a multiple dwelling, even if the third apartment was illegal. The case was dismissed. Landlord could start the case again after properly registering the building with HPD.

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed landlord's building wasn't registered with HPD, and so the case should be dismissed. The court ruled against tenant, finding that the building was a two-family house that didn't have to be registered. Tenant appealed and won. Since the building had a third apartment, it must be considered a multiple dwelling, even if the third apartment was illegal. The case was dismissed. Landlord could start the case again after properly registering the building with HPD.

Christos v. Papaste-Fanou: NYLJ, p. 29, col. 3 (9/27/99) (App. T.1 Dept.; Parness, PJ, Freedman, Davis, JJ)

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