NYCHA Affidavits of Service of Rent Demands Contained False Statements

Landlord NYCHA sued six tenants for nonpayment of rent and later sought default judgments from the court when tenants failed to respond. The court clerk found irregularities in the delivery of rent demands to these tenants and called for inquests on the six cases. NYCHA employees claimed some errors were made. But the court found that in the first four cases, the same employee stated that he served the rent demand indicating attempts at service at the exact same times--11 a.m. and 6:30 p.m.--at two different addresses and varying floors. In the last two cases, both attempts were also made at the exact same time--6:02 p.m. and 9:29 p.m. by another employee. The court found that the employees' affidavits of service were false and invalid and therefore dismissed the six cases.

NYCHA v. Gilbert: Index No. 19878/17, NYLJ, 2/7/18, p. 21, col. 3 (Civ. Ct. Kings; 1/31/18; Finkelstein, J)