Opinion
2004-1554 K C.
Decided July 21, 2005.
Appeal by landlords from an order of the Civil Court, Kings County (M. Finkelstein, J.), entered August 16, 2004, dismissing the summary proceeding.
Order unanimously affirmed with $10 costs.
Before: PRESENT: PESCE, P.J., PATTERSON and RIOS, JJ.
The court below properly found, and landlords do not contest, that landlords failed to comply with the requirements of New York City Rent and Eviction Regulations (9 NYCRR) § 2204.3 (a) and (c), which govern the termination of rent-controlled tenancies, and provide:
"(a) Except where the ground for removal or eviction of a tenant is nonpayment of rent, no tenant shall be removed or evicted from a housing accommodation by court process, and no action or proceeding shall be commenced for such purpose upon any of the grounds stated in section 2204.2 of this Part, unless and until the landlord shall have given written notice to the tenant and to the district rent office [DHCR] as hereinafter provided.
. . .
(c) Within 48 hours after the notice is served upon the tenant, an exact copy thereof, together with an affidavit of service, shall be filed with the district rent office. In computing such 48-hour period, any intervening Saturday, Sunday or legal holiday shall be excluded." (emphasis supplied).
Failure to comply with these requirements is fatal to the present summary proceeding ( see Shahid v. Carillo, 7 Misc 3d 134[A], 2005 NY Slip Op 50652[U] [App Term, 2d 11th Jud Dists; Shahid v. Estavez, 7 Misc 3d 133[A], 2005 NY Slip Op 50651[U] [App Term, 2d 11th Jud Dists]; Grant v. Morris, 18 AD2d 896), and these provisions may not be waived ( see Garvin v. Cole, 53 Misc 2d 647 [App Term, 1st Dept 1967]). As there is no issue that landlord failed to comply with these provisions, the court below properly dismissed the summary proceeding.