Landlord Never Registered Building with DHCR

LVT Number: 9346

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord hadn't registered the building with the DHCR. Landlord argued that it only had to register the building with HPD, and not the DHCR, because the building was a three-unit multiple dwelling, not subject to rent stabilization. The court ruled for tenant and dismissed the case. Even if landlord owned a three-unit rent-controlled building, he still had to file an initial registration statement with the DHCR.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord hadn't registered the building with the DHCR. Landlord argued that it only had to register the building with HPD, and not the DHCR, because the building was a three-unit multiple dwelling, not subject to rent stabilization. The court ruled for tenant and dismissed the case. Even if landlord owned a three-unit rent-controlled building, he still had to file an initial registration statement with the DHCR. Landlord had neither proved he registered the building with the DHCR nor demonstrated that tenant hadn't been prejudiced by the failure to register.

DeYoung v. Bowden: NYLJ, p. 25, col. 2 (12/21/94) (Civ. Ct. Kings; Baynes, J)