OPINION OF THE COURT
Edward C. Alfano, J.
Petitioner has instituted nonpayment summary proceedings against the respondents who reside in premises subsidized by the United States Government under section 8 of the United States Housing Act of 1937 as amended (US Code, tit 42, § 1437f). The building involved in 959 St. Marks Avenue, Brooklyn, New York, and is part of the Additional Assistance Program which is governed by 24 CFR Parts 886 and 450.
Respondents move to dismiss the petitions herein for failure to comply with RPAPL 741 (subd 4) in that they do not plead compliance with the Federal regulations requiring that a 10-day notice be served upon respondent tenants prior to the commencement of eviction proceedings.
Respondents contend that a notice complying with the specific requirements of 24 CFR Part 450 is required to bé *446served on the tenant prior to the commencement of an eviction proceeding.
The issue before the court is whether such notice is required as a condition precedent to bringing a nonpayment proceeding.
The court notes that all sections of 24 CFR Part 450 make reference to the termination of a tenancy by the landlord. Section 450.4 (a) of title 24 of the Code of Federal Regulations refers to the termination notice and reads as follows: “(a) Requisites of termination notice. The landlord’s determination to terminate the tenancy shall be in writing and shall: (1) State that the tenancy is terminated on a date specified therein (2) state the reasons for the landlord’s action with enough specificity so as to enable the tenant to prepare a defense; (3) advise the tenant that if a judicial proceeding for eviction is instituted the tenant may present a defense; and (4) be served on the tenant in the manner prescribed by paragraph (b) of this section.”