Confusion sometimes arises because of the Williams consent decree (Williams v New York City Hous. Auth., US Dist Ct, SD NY, 81 Civ 1801, Ward, J., 1995).
Williams mandates that NYCHA—but not other Section 8 administrators—be served in specific ways.
HPD and other Section 8 administrators do not need to be served by any particular method, nor does proof of service on those administrators have to be filed in compliance with the complex requirements of Williams.[FN2] But the fact that Williams is only applicable to NYCHA does not absolve landlords from the requirement of notifying HPD of an eviction proceeding.[FN3]
The language of the Code of Federal Regulations is not figurative. In relevant part, it states that "[t]he owner must give the [Section 8 administrator] a copy of any owner eviction notice to the tenant" and defines "eviction notice" as "a complaint or other initial pleading used under State or local law to commence an eviction action" (24 CFR 982.310 [e] [2] [i], [ii]).
Courts have consistently dismissed proceedings where landlords do not follow these regulations.
For example in FAC Renaissance HDFC v Vega the Honorable Stanley faced a situation similar to the one at bar and ruled that{**81 Misc 3d at 223}