💌 New York Certification of Mailing

Document Mail Service of Legal Notices — Add 5 Days for Mailed Service

✓ FREE PDFHOUSING COURT+5 DAY RULE
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Supplement to Affidavit of Service: When legal notices are served by mail (first class or certified), a certification of mailing documents the mailing details separately. This form is used alongside the Affidavit of Service when conspicuous service or substituted service requires a simultaneous mailing. Keep both forms together in the tenant's file and attach to any Housing Court petition.

📝 Document Mailed

👤 Addressee

💌 Mailing Details

Add 5 Days: When a notice is served by mail, add 5 days to the minimum notice period before the cure period begins. Example: a 14-day notice served by mail requires 19 days before filing a nonpayment petition.

👤 Certifying Party

Certification

I certify that on the date stated above, I deposited a copy of the above-described document, enclosed in a properly addressed envelope with postage prepaid, in an official depository under the exclusive care and custody of the U.S. Postal Service.

Signature of Certifying Party
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New York Certification of Mailing — Service Documentation Guide

When a legal notice is served by mail — either as the primary method or as the mailing component of conspicuous service — a certification of mailing documents that the mailing occurred as required. It is separate from but used in conjunction with the Affidavit of Service.

When Both Forms Are Required

  • Conspicuous service (posting + mailing): Use the Affidavit of Service to document the posting, and this Certification of Mailing to document the simultaneous mailing
  • Substituted service: Same — both documents required
  • Mail only: Certification of Mailing alone is sufficient (but add 5 days to notice period)

The +5 Day Rule

Under New York law, when a predicate notice for a summary proceeding (eviction case) is served by mail, add 5 additional days to the minimum notice period. A 14-day notice becomes a 19-day notice; a 30-day notice becomes a 35-day notice. Failure to account for this results in a premature petition. See NY eviction notice laws.

⚖ 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.