📝 New York Affidavit of Service
RPAPL § 735 — Required Proof of Service for Housing Court
RPAPL § 735 — Proof of Service Required: New York Housing Court requires documented proof that notices and petitions were properly served on the tenant. Without an affidavit of service, courts routinely dismiss eviction cases — even when the underlying claim is valid. Complete this form immediately after serving any eviction notice or court petition.
📝 Document Served
👤 Person Served & Address
🔒 Method of Service
👤 Server Information
I affirm under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.
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An affidavit of service is the sworn proof that a legal notice or court document was properly served on the tenant. New York courts require affidavits of service for eviction notices and petitions. Without proper proof of service, Housing Court judges routinely dismiss cases regardless of the underlying merits.
RPAPL § 735 Service Requirements
- Personal delivery: Hand to the tenant directly
- Conspicuous service: Affix to door and mail same day — if tenant not home after two attempts at different times
- Substituted service: Deliver to person of suitable age at the premises and mail same day
- Add 5 days: When service is by mail, add 5 days to the notice period before filing
Notarization
Court filings generally require the affidavit to be notarized. For notices served outside court proceedings, notarization is still strongly recommended. Keep the original notarized affidavit on file. See also the Certification of Mailing for mailed service documentation.
⚖ Legal Disclaimer
This form is for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies between upstate NY and NYC. Improper notice or procedure can result in case dismissal and penalties. Consult a qualified New York landlord-tenant attorney before proceeding. See our editorial standards for accuracy details.
