Failure to Use Notice of Petition Form Required Since 2019 Was Fatal Defect

Landlord sued to evict unregulated tenant after tenant's lease expired. Tenant asked the court to dismiss the case, claiming that landlord used an outdated notice of petition form, failed to exercise reasonable application in serving the 90-day notice of nonrenewal and termination, and improperly used a pseudonym naming a respondent "Jane Doe." 

The court ruled for tenant and dismissed the case based on use of an improper Notice of Petition form. In 2019, the Court's Chief Administrative Judge issued Order 163/19, to provide for a standardized form notice of petition for mandatory use in residential eviction proceedings. The order, which became mandatory on Oct. 1, 2019, included a sample Notice of Petition with the precise required words. In light of the new form's significant new language, including information on accessing free counsel and requesting an interpreter, a disability accommodation, and an adjournment of the initial appearance, several courts have ruled that the use of an outdated Notice of Petition is a material defect requiring dismissal of a case without prejudice.  Landlord's failure to utilize the court-mandated Notice of Petition form more than three years after it was implemented was a fatal defect in the commencement of this proceeding. The case was dismissed without prejudice.

M&S Queens Realty LLC v. London: Index No. L&T 312871/22, 2023 NY Slip Op 23121 (Civ. Ct. Queens; 4/25/23; Schiff, J)