Landlord Must Use Notice-of-Petition Form Created Under Civil Court Rules

April 25, 2025

LVT Number: #33654

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't use the notice of petition form required by NY City Civil Court Rules Section 208.42. The court ruled for tenant. As amended by the City Rules provision, landlords were no longer permitted to create their own notices of petition, and must instead use the notice form provided on the court's website. It didn't matter if there was no prejudice to tenant by using landlord's own form.

Landlord sued to evict tenant for nonpayment of rent. Tenant asked the court to dismiss the case because landlord didn't use the notice of petition form required by NY City Civil Court Rules Section 208.42. The court ruled for tenant. As amended by the City Rules provision, landlords were no longer permitted to create their own notices of petition, and must instead use the notice form provided on the court's website. It didn't matter if there was no prejudice to tenant by using landlord's own form. And landlord couldn't cure defects in the notice of petition by amendment. 

LoCascio Premises Trust v. Villa: Index No. LT-309786-24, NYLJ No. 1740786889 (Civ. Ct. Kings; 2/24/25; Vendzules, J)

Topics

More like this