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1551 St. Nicholas LLC v. Rodriguez

Notice to Cure Must Be Served Onto NYCHA in Accordance With Williams Consent Decree

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Recitation, as required by CPLR 2219(A), of the papers considered in the review of this Motion by respondent to dismiss the petition pursuant to CPLR §3212. PAPERS NUMBERED Notice of Motion and Affidavits Annexed 1 Order to Show Cause and Affidavits Annexed Answering Affidavits 2 Replying Affidavits 3 Exhibits Stipulations Other Decision/Order Upon the foregoing cited papers, the Decision/Order in this Motion is as follows: Respondent moves to dismiss the petition pursuant to CPLR §3212 on the grounds that petitioner failed to serve the notice to cure on nycha pursuant to the Williams Consent Decree. Paragraph 6 (b)(1) of the decree provides that NYCHA is to be served with all notices that are required to be served on respondent as a prerequisite to the commencement of an eviction proceeding. Petitioner opposes and argues that only the notice to vacate/terminate is required to be served on NYCHA. Petitioner proffers 2 NYCHA notices to support this contention, Notwithstanding, the Williams Consent Decree governs the procedures for commencing an eviction proceeding against a NYCHA Section 8 participant. Here Petitioner omitted service of the notice to cure on NYCHA. The notice to cure is an element of petitioner’s prima facie case in this proceeding based on an alleged breach of lease due to an unauthorized installation of a washing machine. As petitioner has failed to comply with a condition precedent as required by the Williams Consent Decree, the petition must be dismissed. Accordingly, respondent’s motion is granted and the petition is dismissed. Dated: August 11, 2023

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