Landlord Can Recover Back Rent After Filing MDR

January 1, 2002

LVT Number: 15526

Facts: Landlord sued to evict tenants for nonpayment of rent. Tenants asked the court to dismiss the case because the building wasn't registered as a multiple dwelling. The court dismissed the case but said that landlord could sue for the back rent once the multiple dwelling registration (MDR) was filed. Tenants appealed, claiming that landlord shouldn't be allowed to later collect back rent if there was no MDR when it started the nonpayment case. Courts: Tenants lose.

Facts: Landlord sued to evict tenants for nonpayment of rent. Tenants asked the court to dismiss the case because the building wasn't registered as a multiple dwelling. The court dismissed the case but said that landlord could sue for the back rent once the multiple dwelling registration (MDR) was filed. Tenants appealed, claiming that landlord shouldn't be allowed to later collect back rent if there was no MDR when it started the nonpayment case. Courts: Tenants lose. Nothing in the law bars landlord from recovering back rent owed during the noncompliance period once landlord files the MDR.

9 Montague Terr. Assocs. v. Feuerer: NYLJ, 12/19/01, p. 26, col. 4 (App. T.2 Dept.; Scholnick, PJ, Patterson, Golia, JJ)

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