Landlord's Service of Court Papers on NYCHA Didn't Comply with Williams Consent Decree

Landlord sued to evict Section 8 tenant for creating a nuisance. Prior to commencing the housing court proceeding, landlord had served a notice to cure on tenant, claiming that tenant had engaged in criminal conduct, endangered building residents and staff, interfered with residents' quiet enjoyment of the building, and caused a nuisance. Landlord then sent a notice to terminate, asserting that tenant failed to cure the claimed breaches. Landlord also served NYCHA with copies of these notices. Tenant asked the court to dismiss the case. He claimed that landlord failed to serve copies of the court papers on NYCHA in accordance with the Williams consent decree and so the case should be dismissed. The Williams consent decree requires service of a notice of petition and petition on NYCHA to be made by express mail. Landlord argued that, due to the pandemic, NYCHA permitted service by an alternate method.

The court ruled for tenant and dismissed the case, without prejudice, so that landlord could start the case over. Landlord had failed to abide by the terms of NYCHA guidelines. Additional methods of service on NYCHA permitted due to the pandemic didn't replace the Williams consent decree service requirements.

305 West 97th Assoc. LP v. Lonesome: Index No. 302484/21, NYLJ No. 1649141601 (Civ. Ct. NY; 3/21/22; Asforis, J)