the petition upon resolution of either of the pending criminal
actions involving petitioners or if either petitioner is subject to
another prosecution delegated by respondent District Attorney
to respondent Police Department.
198 58 MISCELLANEOUS REPORTS, 3d SERIES
[63 NYS3d 656]
CLINTON-178 TOWERS LLC, Petitioner, v LINA CHAPPLE,
Respondent.
Civil Court of the City of New York, Bronx County, October 10, 2017
HEADNOTES
Public Housing — Termination of Tenancy — Service of Owner
Eviction Notice on Public Housing Authority
1. In a holdover proceeding to terminate respondent’s tenancy of an apart-
ment for which she received a Section 8 rent subsidy administered by the
New York State Division of Housing and Community Renewal (DHCR),
petitioner landlord’s alleged failure to serve DHCR with copies of the predi-
cate notice to terminate, notice of petition and petition did not require dis-
missal of the petition. Where a tenant’s rent is subsidized by the federal Sec-
tion 8 Housing Choice Voucher Program, an owner who is terminating the
tenancy must ‘‘give the PHA [public housing authority] a copy of any owner
eviction notice to the tenant’’ (24 CFR 982.310 [e] [2] [ii]), but the regulation
does not prescribe how a landlord must give the requisite notice to the PHA
or prove that it did so. Here, the notice to terminate and petition asserted
that ‘‘DHCR is being notified of this proceeding pursuant to 24 CFR 982.310,’’
though the affidavits of service in the court file did not mention service on
DHCR. Because the PHA was not the New York City Housing Authority,
there was no prescribed method for serving a copy of an owner eviction no-
tice. Further, there was no requirement that proof of notice to DHCR be filed