No Proof Landlord Delivered Copy of Termination Notice to NYCHA

May 30, 2017

LVT Number: #27713

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued that a copy of the termination notice it presented had a NYCHA date stamp marked "received." But landlord's court papers didn't include a process server's affidavit of service from a process server stating that copies of the termination notice and petition had been served on NYCHA.

Landlord sued to evict tenant who received Section 8 benefits. Tenant asked the court to dismiss the case, finding that there was no proof that landlord sent NYCHA a copy of the termination notice. Landlord argued that a copy of the termination notice it presented had a NYCHA date stamp marked "received." But landlord's court papers didn't include a process server's affidavit of service from a process server stating that copies of the termination notice and petition had been served on NYCHA. Landlords participating in the Section 8 subsidized rental program must follow procedures set forth in the Williams Consent Decree when serving NYCHA. Since landlord failed to follow procedures, the case was dismissed.

Taylor v. Shelton: Index No. 76979/16, NYLJ No. 1202783907203 (Civ. Ct. Kings; 3/22/17; Ressos, J)

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