NYCHA Eviction Petition Didn't Comply with Required Format

October 28, 2020

LVT Number: #31056

Landlord NYCHA sued to evict apartment occupant whose license to occupy the unit had expired. The occupant asked the court to dismiss the case because landlord didn't include required language in its eviction petition. The court ruled for occupant. Effective Sept. 16, 2102, CPLR 2102 requires use of a notice of petition and petition form issued by the court and found at 22 NYCRR 208.42(b). The form notice references availability of free legal counsel, but also other resources available to respondents in housing court cases.

Landlord NYCHA sued to evict apartment occupant whose license to occupy the unit had expired. The occupant asked the court to dismiss the case because landlord didn't include required language in its eviction petition. The court ruled for occupant. Effective Sept. 16, 2102, CPLR 2102 requires use of a notice of petition and petition form issued by the court and found at 22 NYCRR 208.42(b). The form notice references availability of free legal counsel, but also other resources available to respondents in housing court cases. Although landlord claimed that occupant wasn't prejudiced and had retained legal counsel, actual notice wasn't a substitute for compliance with the statutory requirements.           . 

NYCHA v. Destin: Index No. 18864/2019, NYLJ No. 1600802700 (Civ. Ct. Kings; 9/15/20; Scheckowitz, J)

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