"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 [*5]982.310 (e) (2) (ii) of Title 24 states that [t]he owner must give the PHA 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 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" (FAC Renaissance HDFC v Vega, 55 Misc 3d 1210[A], 2017 NY Slip Op 50480[U],*1-2 [Civ Ct, Kings County 2017] [internal quotation marks and emphasis omitted]).
Since the petitioner in FAC Renaissance HDFC v Vega failed to serve HPD, Judge Stanley dismissed the proceeding.
The reasoning in FAC Renaissance HDFC v Vega has been followed by many other courts (see 1068 Gerard Partnership L.P. v Laroche, 76 Misc 3d 1227[A], 2022 NY Slip Op 51062[U], *2[Civ Ct, Bronx County 2022] ["Petitioner's failure to notify (HPD) of this eviction proceeding is also fatal"]; see also Clinton-178 Towers LLC v Chapple, 58 Misc 3d 198, 202 [Civ Ct, Bronx County 2017] [noting that failure to give notice to the Section 8 administrator is 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" but finding that DHCR was in fact served]; Grote St. Apts., L.P. v Philip, 2023 NY Slip Op 30755[U],*2 [Civ Ct, Bronx County 2023] ["Failure to notify HPD is a fatal defect to a summary eviction proceeding"]; Bennett v Brooks, 73 Misc 3d 1206[A], 2021 NY Slip Op 50943[U] [Mount Vernon City Ct 2021] [dismissing a petition for failure to serve CVR, which is a Section 8