N.Y. Comp. Codes R. & Regs. tit. 22 § 208.42

Current through Register Vol. 46, No. 53, December 31, 2024

Section 208.42 - Proceedings under article 7 of the Real Property Actions and Proceedings Law

(a) Such proceedings involving residential property shall be commenced in the housing part.

(b) The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form notice of petition for mandatory use in eviction proceedings involving residential property under article 7 of the Real Property Actions and Proceedings Law (other than in proceedings brought on the ground that the respondent has defaulted in the payment of rent).

(c) Real Property Action and Proceedings Law section 732 shall be applicable in this court in a proceeding brought on the ground that the respondent has defaulted in the payment of rent. The chief administrator of the courts shall promulgate, and post on the Unified Court System website, a form notice of petition for mandatory use in such proceedings.

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(d) [Reserved].

(e)

(1) Except as may otherwise be provided by statute, a post-trial application to stay the issuance of a warrant shall be made, or referred, to the judge who directed entry of the judgment.

(2) Applications for an extension of time to comply with orders or judgments to pay moneys, vacate the premises or make repairs, or to correct mathematical errors, may be referred to a judge other than the one who signed the order or judgment.

(f)

(1) Commencing May 21, 2001, all summary proceedings for residential premises located in postal ZIP codes 10035 and 10037, and for the Taft Houses and the Jefferson Houses, except proceedings brought by or at the direction of the New York County District Attorney's office under Real Property Actions and Proceedings Law, sections 711 and 715, shall be noticed and filed in the Harlem courthouse.

(2) Commencing September 1, 2003, all summary proceedings for the following residential premises in which the New York City Housing Authority is a party to the proceeding shall be noticed and filed in the Red Hook Community Justice Center:

Red Hook East Houses

Red Hook West Houses

(g)Allegations required under section 325 of the Multiple Dwelling Law and sections 27-2097 et seq., of the Administrative Code of the City of New York.

In every summary proceeding brought to recover possession of real property pursuant to section 711 of the Real Property Actions and Proceedings Law, the petitioner shall allege either:

(1) that the premises are not a multiple dwelling; or

(2) that the premises are a multiple dwelling and, pursuant to the Administrative Code, sections 27-2097 et seq., there is a currently effective registration statement on file with the office of code enforcement in which the owner has designated a managing agent, a natural person over 21 years of age, to be in control of and responsible for the maintenance and operation of the dwelling.

The petitioner shall also allege the following information: the multiple dwelling registration number, the registered managing agent's name, and either the residence or business address of said managing agent. The petitioner may (optionally) list a telephone number which may be used to call for repair and service.

(h) At the time of the issuance of a notice of petition by a judge or the clerk, or an order to show cause by the judge, in a summary proceeding to recover possession of real property, a copy of such order to show cause or notice of petition shall be filed with the clerk. The original papers with proof of service thereof shall be filed with the clerk within the time specified by statute.

(i)

(1) At the time of the filing with the clerk of a notice of petition with proof of service in a summary proceeding under article 7 of the Real Property Actions and Proceedings Law involving residential property, the petitioner shall submit to the clerk a stamped postcard containing a written notice addressed to the respondent, in both English and Spanish, in a form approved by the Chief Administrator of the Courts and posted on the website of the Unified Court System.

The face of the postcard shall be addressed to the respondent at the premises and at any other address at which process was served in the summary proceeding and shall contain the respondent's name, address (including apartment number) and ZIP code. The face of the postcard shall also contain, in the form of a return address, the appropriate address of the clerk's office to which the respondent should be directed. These addresses are:

Bronx County .. - Housing Part of the Civil Court, City of New York Housing Court Clerk... Ground Floor.. 1118 Grand Concourse Bronx, NY 10456..............

Kings County ... - Civil Court of the City of New York Housing Court Clerk Room 203 141 Livingston Street Brooklyn, NY 11201 Red Hook Community Justice Center... Civil Court of the City of New York.. Housing Court Clerk, Room 103.. 88 Visitation Place.. Brooklyn, NY 11231-1615.............................

New York County - Civil Court of the City of New York Housing Court Clerk Room 225 111 Centre Street New York, NY 10013 Harlem Courthouse Civil Court of the City of New York... Housing Court Clerk.. 170 East 121 Street.. New York, NY 10035.............................................................

Queens County.. - Civil Court of the City of New York Housing Court Clerk.. 2nd Floor.. 89-17 Sutphin Boulevard.. Jamaica, NY 11435.........................................

Richmond County ..- Civil Court of the City of New York Housing Court Clerk... Basement.. 927 Castleton Avenue.. Staten Island, NY 10310..........................................

(2) The clerk promptly shall mail the postcard to the respondent at the premises and at any other address at which process was served in the summary proceeding. No default judgment for failure to answer shall be entered unless there has been compliance with this rule.

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N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.42

Amended New York State Register April 4, 2017/Volume XXXIX, Issue 14, eff. 4/1/2017

Amended New York State Register September 11, 2019/Volume XLI, Issue 37, eff. 9/16/2019