Landlord Must Prove Initial Registration Filed with DHCR

Facts: Landlord sued to evict tenant for nonpayment of rent. Tenant and landlord had signed an agreement in which tenant promised to pay the back rent owed if landlord proved that it had served the first rent-stabilized tenant with an initial registration form. Landlord sent tenant a one-sentence document that was allegedly signed by the first rent-stabilized tenant, stating that she'd received the initial registration form. Tenant claimed this wasn't enough proof, and didn't pay the back rent. She asked the court to rule that she wasn't required to pay the rent due until landlord could prove proper registration of the apartment. Landlord asked the court to order tenant to pay the back rent. Court: The court ordered a hearing on whether landlord had properly registered the apartment with the DHCR. The one-sentence signed statement landlord presented didn't prove that the first rent-stabilized tenant had been properly served, or that the apartment was properly registered with the DHCR.

M.H.A. Realty Corp. v. Cole: NYLJ, p. 28, col. 6 (11/30/94) (Civ. Ct. Kings; Finkelstein, J)