combined with any owner eviction notice, which is defined as a notice to vacate or initial
pleading used under State or local law to commence an eviction proceeding, given to Tenant.
Pursuant to 24 CFR §982.310 (e)(1) and (2), [*4]a copy of
the owner eviction notice, e.g. the petition, must also be given to the PHA. The petition alleges
Landlord has complied with the Section 8 law and regulations and Tenant did not contest this
statement at least insofar as the giving of notice to the PHA.
Tenant does, however, contend that the Three Day Notice and Demand for Rent is
defective in that it does not: identify the months for which rent is owed, identify the amount of
rent owed for each month, fairly apprise the Tenant of what sum is owed and contains late
charges, legal fees etc. Since the predicate notice is defective, Tenant contends the petition must
be dismissed.
Pursuant to RPAPL§711 (2), a summary proceeding may be maintained to
remove a tenant from possession for failing to pay the rent owed for the premises after a demand
for the rent has been made or at least three days' notice in writing has been given requiring either
the payment of the rent or possession of the premises. Proof that a proper demand for rent was
made is a jurisdictional prerequisite for the maintenance of a non-payment summary proceeding
(Schwartz v. Weiss-Newell, 87 Misc 2d 558, 386 NYS2d 191 (Civ. Ct., NY County,
1976). The purpose of the demand is to give tenants an opportunity to cure the alleged default by
making a payment as well as to advise tenants of the risk of forfeiture and eviction if the default
is not cured.St. James Court, L.L.C. v. Booker, 176 Misc 2d 693, 673 NYS2d 821(Civ.
Ct, Kings Co. 1998). This purpose is defeated if tenants are given an inaccurate, vague or