Landlord Didn't Properly Serve NYCHA

January 1, 1998

LVT Number: 12019

Landlord sued to evict Section 8 tenant to recover the apartment for owner occupancy. Landlord was required to serve a copy of his notice of petition and petition on NYCHA in accordance with Section 8 program rules. Tenant claimed that landlord served NYCHA improperly. Landlord claimed that service on NYCHA by regular mail was sufficient, especially since NYCHA had no objection to the eviction case. The court ruled for tenant and dismissed the case. State law requires service on NYCHA by personal delivery or by overnight mail. No other method of delivery is permissible.

Landlord sued to evict Section 8 tenant to recover the apartment for owner occupancy. Landlord was required to serve a copy of his notice of petition and petition on NYCHA in accordance with Section 8 program rules. Tenant claimed that landlord served NYCHA improperly. Landlord claimed that service on NYCHA by regular mail was sufficient, especially since NYCHA had no objection to the eviction case. The court ruled for tenant and dismissed the case. State law requires service on NYCHA by personal delivery or by overnight mail. No other method of delivery is permissible.

Alawlaqi v. Kelly: NYLJ, p. 25, col. 3 (12/17/97) (Civ. Ct. Kings; Callender, J)

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