N.Y. Real Property Actions and Proceedings Law 796-A – Jurisdiction; court; venue
§ 796-a. Jurisdiction; court; venue. 1. A special proceeding for a judgment directing the deposit of rents into court and the use of such monies for the purpose of remedying conditions at a dwelling dangerous to life, health or safety may be maintained by tenant or tenants of the dwelling in the county court, district court or city court having jurisdiction in the municipality in which the dwelling is located.
Terms Used In N.Y. Real Property Actions and Proceedings Law 796-A
- Commissioner: means the commissioner, chief supervisor or chief officer of a department. See N.Y. Real Property Actions and Proceedings Law 796
- Department: means a department, agency or office. See N.Y. Real Property Actions and Proceedings Law 796
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipality: means a county, city, town or village. See N.Y. Real Property Actions and Proceedings Law 796
- premises: means any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings and is either rented, leased, let or hired out, to be occupied as such, including, but not limited to, an apartment building, a condominium, a townhouse, a single-family house or a multiple-family residence building. See N.Y. Real Property Actions and Proceedings Law 796
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Venue: The geographical location in which a case is tried.
2. A special proceeding as described in subdivision one of this section may also be commenced by the commissioner of the department charged with enforcement of the housing maintenance code in the municipality where the dwelling is located.
(a) If the proceeding is instituted by such commissioner, one-third or more of the tenants of the dwelling may, at any time thereafter during the pendency of the proceeding or after final judgment pursuant to section seven hundred ninety-six-h or seven hundred ninety-six-i of this article, petition for substitution of themselves in place and instead of such commissioner. Such substitution shall be ordered by the court unless good reason to the contrary shall be shown.
(b) A special proceeding pursuant to the provisions of this article may only be commenced with respect to the same premises by one municipality at a time.
3. The place of trial of the special proceeding shall be within the county in which the dwelling or a portion thereof from which the rents issue is situated.
4. The provisions of this article shall not apply to dwellings located in the city of New York or in the counties of Nassau, Suffolk, Rockland and Westchester or in any cities, towns or villages of such counties.