Shahid v Carillo

[*1] Shahid v Carillo 2005 NYSlipOp 50652(U) Decided on April 29, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on April 29, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: April 29, 2005 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS PRESENT : PESCE, P.J., RIOS and BELEN, JJ.
2004-926 K C

Abdus Shahid and HALIMA ANSARI, Appellants,

against

Petra Carillo "JOHN DOE" & "JANE DOE", Respondents.

Appeal by landlords from so much of an order of the Civil Court, Kings County (A. Alterman, J.), dated May 14, 2004, as granted tenant Petra Carillo's motion to dismiss the holdover proceeding.

Order insofar as appealed from unanimously affirmed without costs.

Landlords brought a holdover proceeding against the rent-controlled tenant based upon the ground that tenant committed a nuisance (NY City Rent and Eviction Regulations [9 NYCRR] § 2204.2 [a] [2]). While such proceeding may be maintained without a certificate from the Department of Housing and Community Renewal (id.), landlords were required to file with the district rent office of the Department of Housing and Community Renewal a copy of the predicate notice and the affidavit of service within 48 hours after serving tenant with same (NY City Rent and Eviction Regulations [9 NYCRR] § 2204.3). Landlords' failure to do so was fatal to their right to maintain the proceeding (see 1015 Wash. Ave. Mgt. Co. v Blecher, 26 AD2d 648 [1966]; Warhit Real Estate v Krauss, 131 Misc 2d 429, 430 [App Term, 9th & 10th Jud Dists 1985]). Therefore, the lower court properly dismissed the proceeding.
Decision Date: April 29, 2005