commencement of this holdover proceeding. This federal regulation applies to all Section 8
housing programs. In this instance, it is undisputed that petitioner is a recipient of a Section 8
subsidy pursuant to a Housing Assistance Payment contract between petitioner and HPD. Section
982.310(e)(2)(ii) of Title 24 states that "The owner must give the PHA a copy of any
owner eviction notice to the [*2]tenant." [Emphasis added.]
[FN1]
An owner eviction notice is defined as a notice to vacate, or a complaint or other initial pleading
used under State or local law to commence an eviction action." This federal law mandates that
petitioner must give notice to HPD as the PHA prior to commencement of this action. The court
agrees with the reasoning set forth in Sam Burt Houses, Inc. v Smith, 56156/15, NYLJ
1202731567320, at *1 (Civ., KI, Decided June 17, 2015) and comes to the same conclusion for
the same reasons. In addition, the Appellate Division of the First Department supports this
Court's conclusion. In 433 West Assoc. v Murdock, 276 AD2d 360 (2000) the court
mentioned as dicta that, in addition to the mandate required by The Williams Consent Decree,
Williams v NYCHA, 81 Civ. 1801 (R.W.), the provisions of 24 CFR §
982.310(e)(2)(ii ) required notice to the PHA.[FN2]
Accordingly, respondent's motion to dismiss the proceeding is granted. The proceeding is
dismissed without prejudice. The Court need not address the other grounds for dismissal.
This constitutes the decision and order of the court.
Dated: March 3, 2017
Brooklyn, NY
Hon. John H.
Stanley
Judge, Housing Court
Footnotes
Footnote 1: A PHA is the public housing
agency administering the Section 8 subsidy. See 24 CFR § 982.4 In this instance, the PHA
is HPD.
Footnote 2: Unlike this case, the Section 8