NY Real Prop Actions L § 771 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 7-A - Special Proceedings by Tenants of Dwellings in the City of New York and the Counties of Nassau, Suffolk, Rockland and Westchester for Judg 771 - Commencement; Notice of Petition; Time and Manner of Service.

§  771.  Commencement; notice of petition; time and manner of service. 1. A special proceeding prescribed by this article shall be commenced by the service of a petition and notice of petition.  A notice of  petition may be issued only by a judge or the clerk of the court.   2.  The  notice  of  petition  shall specify the time and place of the hearing on the petition and state that if at such  time,  a  defense  to such  petition  is  not  interposed  and established by the owner or any mortgagee or  lienor  of  record,  a  final  judgment  may  be  rendered directing  that the rents due on the date of entry of such judgment from the petitioning tenants and the rents due on the  dates  of  service  of such  judgment  on  all other tenants occupying such dwelling, from such other tenants, shall  be  deposited  with  the  administrator  appointed pursuant to section seven hundred seventy-eight of this article, and any rents  to  become  due  in the future from such petitioners and from all other tenants occupying such  dwelling  shall  be  deposited  with  such administrator  as  they fall due; and that such deposited rents shall be used, subject to the court's  direction,  to  the  extent  necessary  to remedy the condition or conditions alleged in the petition.   3.  The notice of petition and petition shall be served upon the owner of  such  dwelling  last  registered  with  the  department  of  housing preservation  and development of such city pursuant to article forty-one of chapter twenty-six of the administrative code of the city of New York and in Nassau, Suffolk,  Rockland  and  Westchester  counties  upon  the person  set  forth  as the owner on the last recorded deed to the rented property and upon every mortgagee and lienor of  record,  and  upon  the city  of  New  York,  at  least  five  days before the time at which the petition is noticed to be heard.   4. The proof of service shall be filed with the court before which the petition is to be heard on or before the return date.   5. Manner of service.  a.  Service  of  the  notice  of  petition  and petition  shall  be  made by personally delivering them to the person or persons required to be served pursuant  to  subdivision  three  of  this section.  Service  upon  the  city of New York shall be made by personal delivery to  the  commissioner  of  the  city  department  charged  with enforcement of the housing maintenance code of such city, or to an agent duly  authorized to accept such service on his behalf. If service cannot with due diligence be made within the city upon an owner,  mortgagee  or lienor of record in such manner, it shall be made:  (1)  upon  the  owner  last  registered with the department of housing preservation and development pursuant to article  forty-one  of  chapter twenty-six  of  the  administrative  code of the city of New York and in Nassau, Suffolk, Rockland and Westchester counties upon the  person  set forth  as  the owner on the last recorded deed to the rented property by delivering to and leaving personally with the person designated pursuant to article forty-one of chapter twenty-six  of  such  code  as  managing agent  of  the  subject  dwelling,  and in Nassau, Suffolk, Rockland and Westchester counties upon the person designated as the managing agent of the rented property if one shall have been designated,  a  copy  of  the notice of petition and petition;  (2)  upon  a mortgagee or lienor of record, by registered or certified mail, return receipt requested, at the address set forth in the recorded mortgage or lien.   b. If such personal service upon the  person  designated  pursuant  to article  forty-one  of  chapter twenty-six of the administrative code of the city of New York as managing agent of the subject  dwelling  and  in Nassau,  Suffolk,  Rockland and Westchester counties upon the person set forth as the owner on the last recorded  deed  to  the  rented  property cannot  be  made  with  due diligence, service upon such last registered  owner shall be made by affixing a copy of the notice and petition upon a conspicuous part of the subject dwelling; and in  addition,  within  two days  after  such  affixing,  by sending a copy thereof by registered or certified  mail,  return  receipt  requested,  to  the owner at the last address registered by him with the department  of  housing  preservation and  development or, in the absence of such registration, to the address set forth in the last recorded deed with respect to such premises.   6. Notice to non-petitioning tenants. Notice of the  proceeding  shall be  given  to  the  non-petitioning  tenants  occupying  the dwelling by affixing  a  copy  of  the  notice  of  petition  and  petition  upon  a conspicuous part of the subject dwelling.