Every petition is required to set forth the “prima facie” case of the landlord, that is the elements of the landlord’s case, to be proved at trial. One element is whether the building is registered as a multiple dwelling.
A multiple dwelling is defined as a building containing three or more residential units. A Landlord must file a Multiple Dwelling Registration with the HPD Office of Code Enforcement. The failure to do so will result in the dismissal of the case.
Can a landlord proceed against a commercial tenant, absent proof that the residential building has a current registration on file? At least one court held that landlord could do so. There, the court held that the provisions of the Multiple Dwelling Law were designed for the protection of residential tenants only.
Once a landlord registers, rents may be collected, including those for the period prior to compliance.