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N.Y.C. Hous. Auth. v. Gilbert

Court Finds Affidavits of Service of Rent Demands by Housing Assistants False and Invalid

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DECISION AND ORDER

*1  The above six nonpayment cases were brought by the New York City Housing Authority (NYCHA) against various tenants residing in the Farragut Houses. All six cases were referred to this Part upon application for entry of default judgment and warrant of eviction. Upon review of the papers the court found apparent irregularities in the service of the rent demands by the Housing Assistants (HA’s). As a result the court scheduled an inquest hearing on all the cases. The inquest was held on January 11, 2018 at which the HA’s involved testified. In these cases, rather than utilizing licensed process servers, NYCHA had the rent demands served by HA’s for this development. Unlicensed HA’s are permitted to serve process in NYCHA cases.1 However, of course, the affidavits of service filed by HA’s must be legitimate and the allegations in the affidavits must be truthful.As to the first four cases above, the premises for the first three were at 191 Sands Street on the first, sixth and fourteenth floors and the fourth was at 224 York Street on the thirteenth floor. The same HA served the rent demand in all four cases. There are sworn to and notarized affidavits of service

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