---

Posted by renee on August 05, 1999 at 16:31:26:

In Reply to: Re: No Multiple Dwelling Registration posted by Mark Smith on August 05, 1999 at 13:08:12:

Thanks for all of your answers, I guess that I left one thing out that would have helped Anna answer my question. The building is new construction and only 1 1/2 years old and has never had a MDR.
Does this make a difference ?
___________________________________________________
___________________________________________________
: The Appellate Term in the Second Department
: (Queens, Brooklyn, and Staten Island) has been
: more sympathetic to tenants on this issue. It
: has ruled that, once the landlord gets a Multiple
: Dwelling Registration number, it can collect
: rents prospectively -- effective from the date of
: the MDR and afterwards. The Appellate Term,
: First Department (Manhattan and the Bronx), has
: ruled that, once the landlord gets the MDR, it
: can collect rents retroactively.

:
: In addition to McKinney, as Anna suggested, you
: might also go the the local housing court and see
: what resources they have. In Manhattan, they
: have at least two landlord-tenant books: one for
: residential (Scherer and Fisher-Brandveen) and
: one more general (Finkelstein and Ferrara).
: Other resources are the fourth edition of Rasch's
: Landlord and Tenant, and the annual volumes and
: various index books of Housing Court Reporter
: (HCR). Perhaps the other boroughs' (although not
: likely Staten Island) housing courts have similar
: resources.

: ==============================================

: Anna wrote:

: : Warning: it is unlikely that a 25 unit building was NEVER registered: there is no guarantee that
: a Judge will apply the MDL 325 penalty for
: failing to have a current registration: s/he
: should dismiss the case (LL will file again as
: soon as s/he registers). Having a current MDR is
: a required prerequisite for both non-payment and
: holdover cases.

: ==============================================

: : : The building that I live in (Queens Cty.) is
: not registered as a Multiple Dwelling Although,
: it obviously is. (Approx. 25 Apts.) We have not
: paid rent in
: : : approx. 8 mos. due to a dispute over repairs.
: I had read some earlier posts that stated If the building is not properly registered no rent
: arears can be collected.
: : : Would anyone know if this is correct ?

: Thanks ! Renee

Follow Ups:

• Re: No Multiple Dwelling Registration: new building: DUH! Anna 8/06/99 (1)
  • Re: No Multiple Dwelling Registration: new building: DUH! renee 8/06/99 (0)

---

Note: Posting is disabled in all archives
Post a Followup

Name    : 
E-Mail  : 
Subject : 

Comments:
: Thanks for all of your answers,  I guess that I left one thing out that would have helped Anna answer my question.  The building is new construction and only 1 1/2 years old and has never had a MDR. 
: Does this make a difference ? 
: ___________________________________________________
: ___________________________________________________
: : The Appellate Term in the Second Department 
: : (Queens, Brooklyn, and Staten Island) has been 
: : more sympathetic to tenants on this issue.  It 
: : has ruled that, once the landlord gets a Multiple
: : Dwelling Registration number, it can collect 
: : rents prospectively -- effective from the date of
: : the MDR and afterwards.  The Appellate Term, 
: : First Department (Manhattan and the Bronx), has 
: : ruled that, once the landlord gets the MDR, it 
: : can collect rents retroactively.

: : 
: : In addition to McKinney, as Anna suggested, you 
: : might also go the the local housing court and see
: : what resources they have.  In Manhattan, they 
: : have at least two landlord-tenant books: one for 
: : residential (Scherer and Fisher-Brandveen) and 
: : one more general (Finkelstein and Ferrara).  
: : Other resources are the fourth edition of Rasch's
: : Landlord and Tenant, and the annual volumes and 
: : various index books of Housing Court Reporter 
: : (HCR).  Perhaps the other boroughs' (although not
: : likely Staten Island) housing courts have similar
: : resources.

: : ==============================================

: : Anna wrote:

: : : Warning: it is unlikely that a 25 unit building was NEVER registered: there is no guarantee that 
: : a Judge will apply the MDL 325 penalty for 
: : failing to have a current registration: s/he 
: : should dismiss the case (LL will file again as 
: : soon as s/he registers). Having a current MDR is 
: : a required prerequisite for both non-payment and 
: : holdover cases.

: : ==============================================

: : : : The building that I live in (Queens Cty.) is 
: : not registered as a Multiple Dwelling Although, 
: : it obviously is. (Approx. 25 Apts.) We have not 
: : paid rent in
: : : : approx. 8 mos. due to a dispute over repairs. 
: :  I had read some earlier posts that stated If the building is not properly registered no rent 
: : arears can be collected.
: : : : Would anyone know if this is correct ?  

: : Thanks ! Renee 



Optional Link URL:  
Link Title:         
Optional Image URL: 

---