2006 New York Code - 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.

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