Cal. Civ. Code § 734
Notice of petition; service on the Westchester county department of social services
Operative Text
§ 734. Notice of petition; service on the Westchester county department of social services. In the county of Westchester, if the local legislative body has, by local law, opted to require such notice, service of a copy of the notice of petition and petition in any proceeding commenced against a residential tenant in accordance with the provisions of this article shall be served upon the county commissioner of social services. Such service shall be made by certified mail, return receipt requested, directed to an address set forth in the local law, or pursuant to the provisions of the civil practice law and rules. Such service shall be made at least five days before the return date set in the notice of petition. Proof of such service shall be filed with the court. Failure to serve the commissioner shall not be a jurisdictional defect, and shall not be a defense to a proceeding brought pursuant to the provisions of this article.
Under N.Y. Real Prop. Acts & Proc. Law § 734, when Westchester County's local legislative body has passed a local law requiring it, a landlord who starts a residential eviction proceeding must also send a copy of the notice of petition and petition to the county commissioner of social services. This service must be completed by certified mail with return receipt requested, or by another method allowed under the civil practice rules, at least five days before the proceeding's return date, with proof filed with the court. Importantly, a failure to serve the commissioner does not strip the court of jurisdiction over the case and cannot be used by a tenant as a defense to the eviction proceeding itself.
Plain English — not legal advice.
Property owners and managers initiating residential eviction proceedings in Westchester County should check whether the local legislative body has enacted a local law triggering the notice requirement under § 734. When that requirement is in effect, compliant operators send a copy of the notice of petition and petition to the county commissioner of social services by certified mail, return receipt requested, at least five days before the return date, and retain proof of service to file with the court. Confirming the correct mailing address as specified in the applicable local law is a standard part of this process.
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 § 734 establishes a notice obligation that runs to the Westchester County Department of Social Services, not to tenants directly, meaning the provision is not a source of tenant rights that can be raised as a defense in an eviction proceeding. The statute explicitly states that a landlord's failure to serve the commissioner is neither a jurisdictional defect nor a defense available to a tenant. Tenants facing eviction proceedings in Westchester County who have questions about available protections or resources may find it useful to contact a local tenant-rights organization or the county's social services department for general information.
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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