Holdover Petition Against Section 8 Tenant Dismissed for Improper Service on NYCHA
LVT Number: #32957
Landlord sued to evict tenant after serving a 60-day termination notice. Since tenant received a Section 8 rent subsidy through NYCHA, landlord also served copies of the holdover petition on NYCHA. Tenant asked the court to dismiss the case for failing to properly serve a copy of the court papers on NYCHA.
The court agreed and ruled for tenant. Because tenant received the NYCHA Section 8 subsidy, landlord was required by the "Williams Consent Decree" to properly notify NYCHA of the proceeding. The Williams Consent Decree requires that in a holdover that doesn't arise out of the termination or suspension of the Section 8 subsidy or termination of a HAP contract, NYCHA must be served with the Notice of Petition and Petition as the state law required under RPAPL Section 735 or by overnight mail. No other method of service was permitted. Landlord's affidavit of service stated that the court papers were served on NYCHA by regular first-class mail and certified mail. This didn't meet the Williams standard. The court papers also were mailed to NYCHA at an incorrect office address.
Lake Sutter Ave Corp. v. Manning: Index No. LT-309216/2022, NYLJ No. 169871354, 2023 NYLJ LEXIS 2964 (Civ. Ct. Kings; 11/1/23; McClanahan, J)