N.Y. Real Property Actions & Proceedings Law § 771: Commencement; notice of petition; time and manner of service

§ 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.