2023 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.