HPD Properly Served Amended Petition in HP Proceeding

HPD sued landlord after placing violations for inadequate heat and/or hot water on landlord's building. HPD claimed that the violations were issued on Dec. 17 and Dec. 24, 2019, and sought fines ranging from $250 to $500 per day after the first violation, and $500 to $1,000 per day for the second violation, until the violations were corrected. After two court dates in March 2020, landlord still hadn't answered HPD's court petition. HPD then sent an amended petition to landlord seeking additional penalties. Landlord responded, asking the court to dismiss the amended petition because HPD didn't first seek the court's permission to send it.

The court found that the amended petition was properly served without court permission under CPLR Section 3025(b). Landlord also claimed that the amended petition had to be personally served, in the same manner as the original petition. But the original petition had additional service requirements to obtain jurisdiction over landlord-respondent. The amended petition didn't require personal service. Delivery of the amended petition to landlord's attorney was entirely proper. Landlord also asked the court for permission to file a late answer. Based on the unique circumstances of various state executive orders affecting court procedures during the COVID pandemic as well as the state's strong public policy to resolve disputes on the merits, landlord's request to file a late answer to the amended petition was granted. 

HPD v. Rieder: Index No. 1767/2020, 2020 NY Slip Op 51095(U)(Civ. Ct. Bronx; 9/28/20; Ibrahim, J)