Zip Code Missing from Nonpayment Petitions

April 1, 1997

LVT Number: 11365

Landlord sued to evict tenants in two cases for nonpayment of rent. Tenants didn't appear in court, and landlord asked the court to issue eviction warrants based on their default. The court ruled against landlord, finding that landlord's petitions were defective. Landlord had sent the nonpayment petitions by leaving one copy at tenants' doors and mailing the other copy. But landlord didn't include the zip code with tenants' address. This created the possibility not only of delay but of tenants not receiving the petitions.

Landlord sued to evict tenants in two cases for nonpayment of rent. Tenants didn't appear in court, and landlord asked the court to issue eviction warrants based on their default. The court ruled against landlord, finding that landlord's petitions were defective. Landlord had sent the nonpayment petitions by leaving one copy at tenants' doors and mailing the other copy. But landlord didn't include the zip code with tenants' address. This created the possibility not only of delay but of tenants not receiving the petitions. RPAPL section 735(1), principles of due process, and similar rules for court proceedings all require that zip codes be included in petitions sent by mail to best ensure delivery.

NYCHA v. Fountain: NYLJ, p. 27, col. 2 (3/19/97) (Civ. Ct. Bronx; Ling-Cohan, J)

Topics

More like this