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Court – Different Boroughs within NYC

NYC Housing Court Practice/Procedures

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Court – Different Boroughs within NYC

Postby concord » Fri Mar 13, 2009 3:18 pm

The scenario:

Tenants live in Brooklyn; their landlord lives in Staten Island.
Landlord has filed Small Claims Court motions against a few tenants. However, the tenants must trek all the way out to Staten Island by public transportation for hearings.

Is there a way to get around this?

Suppose that the building where the tenants reside is located in the northmost part of the Bronx and the landlord lives in the southernmost tip of Staten Island. If the landlord files his motion in Staten Island shall the tenant still need to travel all the way out to the low point of Staten Island for the hearing(s)? Isn’t it of any relevance that the nature of the case relates specifically to the tenancy which is actually in the Bronx (for example)?
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Postby TenantNet » Fri Mar 20, 2009 6:07 am

This sounds like a Catch-22. Generally, at least in NYC Housing Court, cases are filed in the borough where the premises are located.

For summary eviction proceedings (NYC Housing Court), the place of trial shall be within the jurisdictional area of the court in which the real property is located. See RPAPL Sec. 701(2). Similar provisions are in the Uniform City Court Act (Sec. 204) and New York City Civil Court Act (Sec. 203).

However you're speaking of Small Claims Court, which is different. Without researching it, I would think the location of the premises would still trump the location of the owner.

However, in order to accomplish that, you may need to show up in SI and make a motion to the Small Claims Court there that the court does not have jurisdiction.

And small claims court does not have jurisdiction over evictions. If the issue is rent not being paid, that's a Housing Court issue. Civil and Supreme courts can hear those cases as well, but I don't believe that Small Claims has jurisdiction on rent issues. If it involves something not related to rent or the rental agreement, venue issues might be different.
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Postby concord » Sat Mar 21, 2009 4:16 pm

It is actually about air-conditioner electrical surcharge.
Thanks for the response.
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Postby TenantNet » Sat Mar 21, 2009 6:21 pm

If the LL is claiming it and you're not paying it, then that's a rent issue, and it belongs in Housing Court. Make a motion to dismiss for lack of jurisdiction.
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