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This entry was published on 2014-09-22
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SECTION 771
Commencement; notice of petition; time and manner of service
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-A
§ 771. Commencement; notice of petition; time and manner of service.
1. A special proceeding prescribed by this article shall be commenced by
the service of a petition and notice of petition. A notice of petition
may be issued only by a judge or the clerk of the court.

2. The notice of petition shall specify the time and place of the
hearing on the petition and state that if at such time, a defense to
such petition is not interposed and established by the owner or any
mortgagee or lienor of record, a final judgment may be rendered
directing that the rents due on the date of entry of such judgment from
the petitioning tenants and the rents due on the dates of service of
such judgment on all other tenants occupying such dwelling, from such
other tenants, shall be deposited with the administrator appointed
pursuant to section seven hundred seventy-eight of this article, and any
rents to become due in the future from such petitioners and from all
other tenants occupying such dwelling shall be deposited with such
administrator as they fall due; and that such deposited rents shall be
used, subject to the court's direction, to the extent necessary to
remedy the condition or conditions alleged in the petition.

3. The notice of petition and petition shall be served upon the owner
of such dwelling last registered with the department of housing
preservation and development of such city pursuant to article forty-one
of chapter twenty-six of the administrative code of the city of New York
and in Nassau, Suffolk, Rockland and Westchester counties upon the
person set forth as the owner on the last recorded deed to the rented
property and upon every mortgagee and lienor of record, and upon the
city of New York, at least five days before the time at which the
petition is noticed to be heard.

4. The proof of service shall be filed with the court before which the
petition is to be heard on or before the return date.

5. Manner of service. a. Service of the notice of petition and
petition shall be made by personally delivering them to the person or
persons required to be served pursuant to subdivision three of this
section. Service upon the city of New York shall be made by personal
delivery to the commissioner of the city department charged with
enforcement of the housing maintenance code of such city, or to an agent
duly authorized to accept such service on his behalf. If service cannot
with due diligence be made within the city upon an owner, mortgagee or
lienor of record in such manner, it shall be made:

(1) upon the owner last registered with the department of housing
preservation and development pursuant to article forty-one of chapter
twenty-six of the administrative code of the city of New York and in
Nassau, Suffolk, Rockland and Westchester counties upon the person set
forth as the owner on the last recorded deed to the rented property by
delivering to and leaving personally with the person designated pursuant
to article forty-one of chapter twenty-six of such code as managing
agent of the subject dwelling, and in Nassau, Suffolk, Rockland and
Westchester counties upon the person designated as the managing agent of
the rented property if one shall have been designated, a copy of the
notice of petition and petition;

(2) upon a mortgagee or lienor of record, by registered or certified
mail, return receipt requested, at the address set forth in the recorded
mortgage or lien.

b. If such personal service upon the person designated pursuant to
article forty-one of chapter twenty-six of the administrative code of
the city of New York as managing agent of the subject dwelling and in
Nassau, Suffolk, Rockland and Westchester counties upon the person set
forth as the owner on the last recorded deed to the rented property
cannot be made with due diligence, service upon such last registered
owner shall be made by affixing a copy of the notice and petition upon a
conspicuous part of the subject dwelling; and in addition, within two
days after such affixing, by sending a copy thereof by registered or
certified mail, return receipt requested, to the owner at the last
address registered by him with the department of housing preservation
and development or, in the absence of such registration, to the address
set forth in the last recorded deed with respect to such premises.

6. Notice to non-petitioning tenants. Notice of the proceeding shall
be given to the non-petitioning tenants occupying the dwelling by
affixing a copy of the notice of petition and petition upon a
conspicuous part of the subject dwelling.