Cal. Civ. Code § 797-E
Manner of service of notice of petition and petition; when service complete
Operative Text
§ 797-e. Manner of service of notice of petition and petition; when service complete. 1. Personal service upon a natural person may be completed in the manner in which a summons is served under section three hundred eight of the civil practice law and rules. 2. Personal service upon a partnership may be completed in a manner in which a summons is served under sections three hundred eight, three hundred ten or three hundred ten-a of the civil practice law and rules. 3. Personal service on a corporation may be completed in a manner in which a summons is served under section three hundred eleven of the civil practice law and rules. 4. Personal service upon a limited liability company may be completed in a manner in which a summons is served under section three hundred eleven-a of the civil practice law and rules. 5. In the alternative, personal service may be completed on any natural person, partnership, corporation, or limited liability company by mailing the notice of petition and petition by certified and first-class mail to an address where local property tax bills are sent. If the jurisdiction in which the court sits has a rental registry requirement, service may be completed by mailing to the address for the real property in the registry. 6. Proof of service shall be filed with the clerk of the court within three days thereafter. Personal service on the respondent shall be complete upon personal delivery. Any authorized mail service pursuant to this subdivision shall be complete upon the filing of proof of service.
N.Y. Real Prop. Acts & Proc. Law § 797-E establishes the methods by which a notice of petition and petition must be delivered to a respondent in a proceeding covered by this article. The rule ties acceptable service methods to the type of entity being served — individual persons, partnerships, corporations, and LLCs each have corresponding procedures drawn from New York's Civil Practice Law and Rules. As an alternative for any entity type, service may be completed by mailing documents via certified and first-class mail to the address where property tax bills are sent, or to an address listed in a local rental registry if one exists. Service is considered legally complete either at the moment of personal delivery or, for mail-based service, upon the filing of proof of service with the court clerk — which must occur within three days.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 797-E, landlords and property managers initiating a proceeding are responsible for ensuring that the notice of petition and petition reach the respondent through a legally recognized method. Compliant operators typically identify the respondent's entity type first — individual, partnership, corporation, or LLC — and then follow the corresponding CPLR service procedures, or use the certified-and-first-class-mail alternative to the tax-bill or rental-registry address. Operators generally file proof of service with the court clerk within the three-day window specified by § 797-E to ensure that service is deemed complete and the proceeding can move forward without procedural defects.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 797-E governs how a petitioner must formally deliver legal papers to a respondent, and tenants named as respondents have an interest in understanding whether service was carried out correctly. If the notice of petition and petition were not delivered in one of the methods recognized by § 797-E — or if proof of service was not filed with the court clerk within three days — a tenant may have grounds to raise a service defect as a procedural issue in the proceeding. Tenants who have questions about whether they were properly served can consult a tenant-rights organization or legal aid provider familiar with New York housing court practice for general information about how service requirements under § 797-E are typically evaluated.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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