The federal regulations provide that the owner must give the tenant written notice of the grounds for termination of the tenancy during the term of the lease and such notice "must be given at or before commencement of the eviction action" (24 CFR 982.310 [e] [1] [i]). Such notice "may be included in, or may be combined with, any other eviction notice to the tenant," and a copy of the eviction notice must be given to the Public Housing Authority (24 CFR 982.310 [e] [1] [ii]; [2] [ii]). An eviction notice is defined as "a notice to vacate" (24 CFR 982.310 [e] [2] [i]).
In my opinion, landlords met their obligations under the federal regulations. Prior to commencing this action, landlords timely served tenant with a nonrenewal notice specifying the grounds for nonrenewal, followed by a notice of intent to commence a holdover proceeding. Landlords also served NYCHA with the notice of intent to commence proceedings, together with a copy of the nonrenewal notice previously served on tenant. While service of a nonrenewal notice within the statutory time period prior to the expiration of the lease is required as a basis for termination of a tenancy (see RSC § 2524.2 [c] [2]), there is no concomitant requirement, either [*4]statutory or regulatory, that NYCHA likewise be served with a nonrenewal notice within this prescribed period. All that is required under the federal consent decree and regulation is that timely notice of the commencement of an eviction action be served on NYCHA (see 433 W. Assoc. v Murdock, 276 AD2d 360 [2000]). Since that was done here, I see no reason to dismiss the petition.
Accordingly, I vote to reverse the order and reinstate the petition.
Aliotta, P.J., and Toussaint, J., concur; Weston, J., dissents in a separate memorandum.