Landlord Re-Registered Building While Nonpayment Case Pending

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord. Tenant later asked the court to vacate the judgment and eviction warrant. Landlord's petition had stated that the building was registered with HPD. But, in fact, there was no valid multiple dwelling registration (MDR) on file when landlord started the nonpayment proceeding. Landlord only amended the MDR after starting the court action. Landlord asked the court for permission to amend its petition. And, landlord claimed that this error didn't invalidate its rent claim. The court ruled for tenant. The fact that landlord re-registered the building while the case was pending didn't change the fact that the building wasn't registered at the outset of the proceedings. This is required by law. Landlord was free to start over with a new nonpayment proceeding.

Christopher Court Housing v. Sparrow: NYLJ, p. 23, col. 3 (2/23/94) (Civ. Ct. Bronx; Turner, J)