N.Y. Real Property Actions & Proceedings Law § 796-c: Commencement; notice of petition; time and manner of service

§ 796-c. 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:

(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.