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Landlords Must Use Specific Form of Papers in Housing Court

Even apart from current concerns such as moratoriums, landlords bringing proceedings in the Housing Court are subject to a variety of technical requirements. Among other things, the law and court rules contain specific requirements for information that must be included in the Notice of Petition, which is one of the legal documents that commences a proceeding. In the past, it was sufficient that the Notice of Petition include the substance of the required information. However, in New York City Housing Authority v. Destin, Index No. 18864/2019 (Civil Court Kings Co. Sept. 15, 2020), the court held that landlords must now use the exact form that is prescribed for the Notice of Petition in the court rules. Failure to use the required form may result in dismissal of the proceeding, even where the tenant cannot show any prejudice resulting from the use of a different form.