Landlord Can't Get Rent While Building Not Registered

Facts: Landlord sued to evict tenants for nonpayment of rent. Tenants claimed that landlord didn't correct an existing rent-impairing violation for six months. So, landlord should be barred from collecting rent. The violation in question was landlord's not registering the building with HPD. Landlord claimed that the violation wasn't rent-impairing because it didn't create an actual defective condition. Court: Tenants win. The Multiple Dwelling Law gives HPD the discretion to determine what violations are rent-impairing. And HPD's position has been that not registering a building is a rent-impairing violation. This is valid. If a building isn't registered, then HPD, other city agencies, and tenants have no one with an actual address and phone number to notify about conditions that might cause an immediate life-threatening condition, such as fire or lack of heat.

Federal Home Loan Mortgage Corp. v. Quezada: NYLJ, p. 22, col. 6 (2/23/94) (Civ. Ct. NY; Wendt, J)