2023 New York Laws › RPA - Real Property Actions and Proceedings › Article 7-C - Special Proceedings by Tenants of Dwellings for Judgment Directing Deposit of Rents and the Use Thereof for the Purpose of Remedying Conditions Dangerous to Life, Health or Safety › 796-C - Commencement; Notice of Petition; Time and Manner of Service.

§ 796-c. 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:
(a)  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 ninety-six-j of this article;
(b) 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
(c) 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 person
set  forth as the owner on the last recorded deed to the rented dwelling
and upon every mortgagee and lienor of record, 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. (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. If service cannot
with due diligence be made upon an owner, mortgagee or lienor of  record
in such manner, it shall be made:
(i)  upon the person set forth as the owner on the last recorded deed,
to the rented dwelling by registered or certified mail,  return  receipt
requested,  at  the  address  set  forth  in  the  recorded  deed and by
delivering to and leaving copies of  the  notice  of  petition  and  the
petition  personally with the person designated as the managing agent of
the dwelling, if one shall have been designated;
(ii) 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 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 address set forth  in  the
last recorded deed with respect to such dwelling.
6.  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.