Landlord Not Required to Register Building with HPD

Landlord rented tenant, a not-for-profit corporation, its entire building for use as a group home. Landlord later sued to evict tenant and subtenants of second- and third-floor apartments for nonpayment of rent. Subtenants claimed that landlord didn't register the building with HPD and so landlord's petition was defective. Subtenants asked the court to dismiss the case. The court ruled for subtenants, and landlord appealed. The appeals court ruled for landlord on this issue. Since the building had been rented as a group home, tenant had violated the lease by renting out space on the second and third floors as separate apartments. The building wasn't a multiple dwelling. But tenant itself created conditions which might warrant registration with HPD as a multiple dwelling. Therefore subtenants couldn't say that landlord didn't register the building and couldn't demand dismissal of landlord's petition.

2009-2011 Third Ave. Corp. v. Fifth Ave. Community Center of Harlem: NYLJ, p. 29, col. 5 (6/24/96) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman)