§ 796-c. Commencement; notice of petition; time and manner of service.

1. A special proceeding prescribed by this article shall be commenced
by the service of a petition and notice of petition. A notice of
petition may be issued only by a judge or the clerk of the court.

2. The notice of petition shall specify the time and place of the
hearing on the petition and state that if at such time, a defense to
such petition is not interposed and established by the owner or any
mortgagee or lienor of record, a final judgment may be rendered
directing that:

(a) the rents due on the date of entry of such judgment from the
petitioning tenants and the rents due on the dates of service of such
judgment on all other tenants occupying such dwelling, from such other
tenants, shall be deposited with the administrator appointed pursuant to
section seven hundred ninety-six-j of this article;

(b) any rents to become due in the future from such petitioners and
from all other tenants occupying such dwelling shall be deposited with
such administrator as they fall due; and

(c) such deposited rents shall be used, subject to the court's
direction, to the extent necessary to remedy the condition or conditions
alleged in the petition.

3. The notice of petition and petition shall be served upon the person
set forth as the owner on the last recorded deed to the rented dwelling
and upon every mortgagee and lienor of record, at least five days before
the time at which the petition is noticed to be heard.

4. The proof of service shall be filed with the court before which the
petition is to be heard on or before the return date.

5. (a) Service of the notice of petition and petition shall be made by
personally delivering them to the person or persons required to be
served pursuant to subdivision three of this section. If service cannot
with due diligence be made upon an owner, mortgagee or lienor of record
in such manner, it shall be made:

(i) upon the person set forth as the owner on the last recorded deed,
to the rented dwelling by registered or certified mail, return receipt
requested, at the address set forth in the recorded deed and by
delivering to and leaving copies of the notice of petition and the
petition personally with the person designated as the managing agent of
the dwelling, if one shall have been designated;

(ii) upon a mortgagee or lienor of record, by registered or certified
mail, return receipt requested, at the address set forth in the recorded
mortgage or lien.

(b) If such personal service upon the person set forth as the owner on
the last recorded deed to the rented property cannot be made with due
diligence, service upon such last registered owner shall be made by
affixing a copy of the notice and petition upon a conspicuous part of
the subject dwelling; and in addition, within two days after such
affixing, by sending a copy thereof by registered or certified mail,
return receipt requested, to the owner at the address set forth in the
last recorded deed with respect to such dwelling.

6. Notice of the proceeding shall be given to the non-petitioning
tenants occupying the dwelling by affixing a copy of the notice of
petition and petition upon a conspicuous part of the subject dwelling.