[1] Where a tenant's rent is subsidized by the federal Section 8 Housing Choice Voucher Program, 24 CFR 982.310 (e) (2) (ii) requires an owner who is terminating a tenancy to "give the PHA [public housing authority] a copy of any owner eviction notice to the tenant." An "owner eviction notice" is defined as "a notice to vacate, or a complaint or other initial pleading [*4]used under State or local law to commence an eviction action." (24 CFR 982.310 [e] [2] [i].)[FN3] Failure to give the requisite notice to the PHA is certainly a defense which, if proved at trial or on a motion to dismiss or for summary judgment, could result in the dismissal of the proceeding. (See e.g. FAC Renaissance HDFC v Vega, 55 Misc 3d 1210[A], 2017 NY Slip Op 50480[U] [Civ Ct, Kings County 2017] [granting tenant's motion to dismiss holdover proceeding under CPLR 3211 (a) (7) due to landlord's failure to give notice of the proceeding to the PHA, New York City Department of Housing Preservation and Development (HPD)]; Sam Burt Houses, Inc. v Smith, NYLJ 1202731567320 [Civ Ct, Kings County 2015] [granting motion of tenant with Section 8 subsidy administered by HPD to dismiss nonpayment proceeding where landlord admitted that it failed to serve copies of the notices on HPD in any manner whatsoever].)