Landlord Didn't Comply with Williams Consent Decree

May 23, 2024

LVT Number: #33208

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition was required. And since tenant was a Section 8 participant, landlord had to comply with the Williams Consent Decree service requirements. At the traverse hearing, landlord didn't show that it had properly complied with those necessary service requirements.

Landlord sued to evict NYCHA tenant, who claimed landlord's papers weren't properly served. The court held a traverse hearing and dismissed the case. Under RPAPL Section 735, proper service of the petition was required. And since tenant was a Section 8 participant, landlord had to comply with the Williams Consent Decree service requirements. At the traverse hearing, landlord didn't show that it had properly complied with those necessary service requirements. The Williams Consent Decree requires landlord to serve a copy of the notice of petition and petition on NYCHA by overnight mail or as required by state law.

Mujica v. Baez: Index No. 325782/2022, 2024 NY Slip Op 31605(U), NYLJ No. 1713836367 (Civ. Ct. Bronx; 4/5/24; McLaughlin, J)

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