170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)

Citation: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Parent Document: 170 NY Props. LLC v. Edwards, 2024 NY Slip Op 24317 (2024)
Jurisdiction: New York (state)
Effective Date: 2024-12-11
Original Source: https://www.courtlistener.com/opinion/10292432/170-ny-props-llc-v-edwards/ ↗

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To the extent the city has passed legislation regarding service of a notice of violation for the purposes of imposing civil penalties on a landlord, this is consistent with MDL 326 (4), which provides that "in a city, having a population of one million or more, a local law may provide for the manner of serving civil process for the enforcement of penalties, sanctions and remedies provided in such local law (emphasis added)." However, "civil penalties" under the HMC are distinct from a 100% rent abatement pursuant to MDL § 302-a. This may be a distinction without a difference; however, MDL § 326 ("Service of Notices, Orders and Summonses") prescribes a different manner of service for remedies available under the Multiple Dwelling Law. MDL § 326 (1) provides in full:

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