Landlord Didn't Properly Serve 90-Day Termination Notice on Tenant

Landlord sued to evict unregulated tenant after serving a 90-day termination notice on Dec. 27, 2021. Tenant asked the court to dismiss the case based on landlord's failure to properly serve the termination notice in compliance with RPAPL Section 232-a, which requires such notice to be served in the same manner as a notice of petition and petition. Under RPAPL Section 735, the notice of petition can be served by conspicuous place service if personal or substitute service can't be completed. But the COVID-19 Emergency Eviction and Foreclosure Prevention Act of 2020 (CEEFPA) provided that service of the notice of petition be made by personal delivery to respondent, unless that service can't be made "with due diligence." In that case, service can be made under RPAPL Section 735. Since CEEFPA was in effect when the termination notice was served, landlord failed to properly serve the prerequisite notice. The case was dismissed without prejudice to proper service of a new termination notice.

Antonini v. Sanders, Index No. 050113/22, NYLJ No. 1676642942 (Civ. Ct. Queens; 2/1/23; Thermos, J)