N.Y. Real Property Actions and Proceedings Law 796-C – Commencement; notice of petition; time and manner of service
§ 796-c. Commencement; notice of petition; time and manner of service.
Terms Used In N.Y. Real Property Actions and Proceedings Law 796-C
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Owner: means the owner or owners of the dwelling, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person or entity directly or indirectly in control of a dwelling, but shall not include a receiver appointed pursuant to § 309 of the multiple dwelling law. See N.Y. Real Property Actions and Proceedings Law 796
- Person: means an individual, partnership, corporation, association, trust or other group or legal entity, however organized. See N.Y. Real Property Actions and Proceedings Law 796
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:
(a) 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 ninety-six-j of this article;
(b) 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
(c) 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 person set forth as the owner on the last recorded deed to the rented dwelling and upon every mortgagee and lienor of record, 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. (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. If service cannot with due diligence be made upon an owner, mortgagee or lienor of record in such manner, it shall be made:
(i) upon the person set forth as the owner on the last recorded deed, to the rented dwelling by registered or certified mail, return receipt requested, at the address set forth in the recorded deed and by delivering to and leaving copies of the notice of petition and the petition personally with the person designated as the managing agent of the dwelling, if one shall have been designated;
(ii) 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 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 address set forth in the last recorded deed with respect to such dwelling.
6. 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.