Building Not Registered as Multiple Dwelling When Case Commenced

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case based on landlord’s failure to properly describe the premises or to properly register the building as a multiple dwelling. Landlord argued that the failure to register as a multiple dwelling was a curable defect. But Real Property Actions and Proceedings Law Section 741(3) states that a housing court petition must describe the premises from which landlord sought removal and Multiple Dwelling Law Section 325(2) states that no rent can be recovered by an owner of a multiple dwelling that failed to comply with registration requirements until compliance was attained. Since the building wasn’t a registered multiple dwelling when landlord started the case, the case must be dismissed.

Czarnomysy v. Nunez: Index No. 64498/16; NYLJ No. 1202772896852 (Civ. Ct. Queens; 11/9/16; Rodriguez, J)