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This entry was published on 2023-03-10
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Jurisdiction; court; venue
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7-C
* § 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.

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.

* NB Effective June 13, 2023