Tenant Mailed Petition Incorrectly

Tenant filed an order in housing court, seeking landlord's correction of building violations. The court signed the order to show cause and ordered tenant to deliver a copy of his court petition to landlord by first-class mail with a certificate of mailing. Landlord failed to appear in court in response to the petition. The court ruled against landlord and ordered it to correct violations. Landlord appealed, arguing that Housing Maintenance Code Section 27-2115(j) required delivery of tenant's petition only by certified or registered mail, return receipt requested. Landlord said that first-class mail was an insufficient method of service. Tenant pointed out that Housing Maintenance Code Section 27-2115(h) allowed delivery "as the court may direct." The court ruled for landlord. Subdivision (j) of the statute was added in 1980, after subdivision (h) in 1972. Since the later addition to the law was more specific, it must be read to mean that certified or registered mail was required. The default judgment was vacated.

Ebanks v. Skyline NYC LLC: NYLJ, 10/14/08, p. 20, col. 1 (App. T. 2 Dept.; Pesce, PJ, Weston-Patterson, Rios, JJ)