Daniel Phillips Quoted in The New York Law Journal on NYC Landlord-Tenant Service Rules

Daniel Phillips, partner in Belkin Burden Goldman LLP’s (BBG) Litigation Department, was quoted in Alyssa Aquino’s New York Law Journal article, which covers a recent NYC Civil Court ruling on service of process in commercial landlord-tenant disputes

Judge Allison Greenfield held that landlords cannot rely on RPAPL §735’s “more relaxed” service methods such as leaving papers with an employee or at the premises when serving LLC tenants with 14-day rent demands in summary possession proceedings. The statute, enacted in 1962 and last amended in 1980, predates the creation of LLCs and does not authorize service on them. Instead, the court pointed to CPLR §311-a and the LLC Law, which require service on a member or manager or through the Secretary of State. Greenfield noted this gap is likely a legislative oversight but said the court lacks authority to fix it.

Daniel commented that these alternatives are impractical for landlords and tenants given RPAPL’s strict timelines and the reality that LLC members or managers are often off-site. He emphasized that serving papers at the premises remains the most effective way to notify occupants and predicted the decision may not stand unless affirmed on appeal.

Read the Article (subscription required)