However, in Prospect NY LLC v Garcia the prior case had been dismissed upon
default of the petitioner, which then commenced a new proceeding rather than moving to
vacate its default in the first proceeding. In Islam v Rodriguez the prior case had
been dismissed for lack of personal jurisdiction before the new case was commenced and
the court found, on these facts, that respondent was "entitled to a degree of finality when
the prior holdover proceeding was dismissed."
Adequacy of Service of the Predicate Notice on NYCHA
Where a tenant's rent is subsidized by the federal Section 8 Housing Choice Voucher
Program, federal regulations require an owner who is terminating a tenancy to "give the
PHA [public housing authority] a copy of any owner eviction notice to the tenant," 24
CFR § 982.310(e)(2)(ii), with "owner eviction notice" defined as "a notice to
vacate, or a complaint or other initial pleading used under State or local law to
commence an eviction action," 24 CFR § 982.310(e)(2)(i). Where the PHA is
NYCHA, under the Williams Consent Judgment, supra, in a section
entitled "Notice and Certification Procedures", landlords must comply with specific steps
prior to and upon commencing eviction proceedings. Where, as here the Williams
Consent Judgment "Certification Procedures" do not apply, "the landlord shall: (1)
mail or deliver to [NYCHA] a copy of such notice as any applicable provision of law
may require it to serve upon the tenant as a prerequisite to commencement of an eviction
proceeding and (2) upon [*4]commencement of the
proceeding, serve a copy of the Notice of Petition and Petition on [NYCHA] Authority
or send a copy of said documents to [NYCHA] by overnight mail." Williams
Consent Judgment at ¶ 6(b).