Landlord of Unregistered Multiple Dwelling Can't Get Default Judgment

LVT Number: #24835

Landlord sued tenant for back rent owed. After tenant failed to appear in court, landlord asked for a default judgment against tenant. The court noted that, in a prior nonpayment proceeding brought against another tenant in the building, the court dismissed the case because the building was being used illegally as a de facto multiple dwelling. So the court denied landlord's request for a default judgment. Landlord appealed and lost. The lower court wasn't required to automatically enter a default judgment against tenant.

Landlord sued tenant for back rent owed. After tenant failed to appear in court, landlord asked for a default judgment against tenant. The court noted that, in a prior nonpayment proceeding brought against another tenant in the building, the court dismissed the case because the building was being used illegally as a de facto multiple dwelling. So the court denied landlord's request for a default judgment. Landlord appealed and lost. The lower court wasn't required to automatically enter a default judgment against tenant. And Multiple Dwelling Law Sections 302(1)(b) and 325(2) provide that a landlord can't recover rent when it hasn't obtained a proper Certificate of Occupancy or registered a de facto multiple dwelling with HPD.

Fields v. Rohinsky: 39 Misc.3d 142(A), 2013 NY Slip Op 50769(U) (App. T. 2 Dept; 5/6/13; Aliotta, JP, Pesce, Rios, JJ)