Before any NYCHA authorization to evict can be granted, a tenant must first receive notice of the request and be given at least 10 days to respond to the allegations. In making the request, a landlord must allege facts to support his or her grounds for eviction (24 CFR 882.215). Such notice and authorization "are essential elements of summary proceedings to evict section 8 tenants”. (Jennie Realty Co. v Sandberg, 125 Misc 2d 28, 29 [App Term, 1st Dept 1984].)
Petitioner, claiming she needed the subject apartment for a family member, received written authorization in September 1986, nearly a year ago, to "commence eviction proceedings in accordance with local law.” While she commenced such proceedings, she failed to comply with local law (by failing to attach the written authorization to the pleading), and, accordingly, the proceeding was dismissed. At that point, the case was terminated and respondent was no longer on notice of any eviction attempt.