Opinion
2004926KC
Decided April 29, 2005.
Appeal by landlords from so much of an order of the Civil Court, Kings County (A. Alterman, J.), dated May 14, 2004, as granted tenant Petra Carillo's motion to dismiss the holdover proceeding.
Order insofar as appealed from unanimously affirmed without costs.
PRESENT: PESCE, P.J., RIOS and BELEN, JJ.
Landlords brought a holdover proceeding against the rent-controlled tenant based upon the ground that tenant committed a nuisance (NY City Rent and Eviction Regulations [ 9 NYCRR] § 2204.2 [a] [2]). While such proceeding may be maintained without a certificate from the Department of Housing and Community Renewal ( id.), landlords were required to file with the district rent office of the Department of Housing and Community Renewal a copy of the predicate notice and the affidavit of service within 48 hours after serving tenant with same (NY City Rent and Eviction Regulations [ 9 NYCRR] § 2204.3). Landlords' failure to do so was fatal to their right to maintain the proceeding ( see 1015 Wash. Ave. Mgt. Co. v. Blecher, 26 AD2d 648; Warhit Real Estate v. Krauss, 131 Misc 2d 429, 430 [App Term, 9th 10th Jud Dists 1985]). Therefore, the lower court properly dismissed the proceeding.