"[c]ompliance with statutory notice requirements represents a condition precedent to maintenance of a summary eviction proceeding (see 170 W. 85th St. Tenants Assn. v Cruz, 173 AD2d 338, 339 [1991]), and the burden remains with the landlord to prove that element of its case at trial (see generally Siegel, NY Prac § 215, at 353 [4th ed])."{**84 Misc 3d at 727}
Conclusion
The failure to serve a VAWA notice and certification form with the termination notice on an NYCHA Section 8 recipient is a fatal defect. The respondent did not waive this defense in filing a general answer as compliance with statutory notice requirements is an element a landlord must prove at trial. Accordingly, this proceeding is dismissed without prejudice.
Footnotes
Footnote 1:The respondent's first and second objections of law, a first affirmative defense has been stricken per Hon. Lutwak's order dated April 25, 2023.
Footnote 2:NY St Cts Elec Filing (NYSCEF) Doc No. 10, mot to dismiss, in Rahman v Lewis, Civ Ct, Bronx County, index No. 306171/21; NYSCEF Doc No. 16, stipulation of discontinuance, in Rahman v Lewis, Civ Ct, Bronx County, index No. 306171/21.