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Housing Court vs Supreme Court?

NYC Housing Court Practice/Procedures

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Housing Court vs Supreme Court?

Postby chinatown blues » Sun Apr 24, 2011 5:44 pm

Can I file in Supreme Court to get my deposit and last month's rent from my landlord, or do I have to file in Housing Court? Is there an advantage to one rather than to the other? I would also be trying to show landlord harassment and retaliation, which is my reason for needing to move out on short notice.
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Postby chinatown blues » Sun Apr 24, 2011 5:57 pm

Or is it more appropriate to go to Civil Court for harassment/ retaliation issues? Which courts would protect the tenant?
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Postby TenantNet » Sun Apr 24, 2011 6:06 pm

Housing Court is only if/when you are still in occupancy. Even if you were still in occupancy, there is no procedure to seek your deposit in Housing Court other than as a counterclaim to a LL-initiated proceeding.

You have a choice of Small Claims, Civil or Supreme Ct., and that usually depends on the amount sought. Small Claims Ct. has a monetary limit of $5,000.

Certain procedures such as Discovery are available as-of-right in Supreme Ct, but not in Small Claims.

There are increased filing fees in Civil or Supreme. And it is advisable - although not required - to have legal counsel for the higher courts.
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