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Ejection in Civil or Supreme court

Rights for non-regulated tenants

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Ejection in Civil or Supreme court

Postby reallucky1 » Thu Nov 19, 2015 8:54 pm

What is an ejection? Are there any defenses that tenants can use to win the case? I think my landlord will proceed with an ejection through the supreme court (they just withdrew a holdover in housing court) and want to know if I will automatically lose the case. This is registered as a two family house but is a de facto multi unit and de facto rent stabilized which is what I was trying to prove in court before they quickly withdrew the petition. Can I use the same defenses in an ejection procedure as I did in the holdover procedure?
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Re: Ejection in Civil or Supreme court

Postby TenantNet » Thu Nov 19, 2015 9:37 pm

An ejection action in Supreme Court is similar to an eviction proceeding in Civil Court. The difference is the venue and limitations of Civil Court. I believe Civil Court has a limit of $25,000 that can be sought, where amounts above that must be sought in Supreme Court. Also in Supreme parties can seek discovery as-of-right and put for additional defenses not available in Civil Court.

See https://en.wikipedia.org/wiki/New_York_City_Civil_Court
https://en.wikipedia.org/wiki/Equity_(law)

Claiming the unit should be rent stabilized is one possible defense you should be able to raise in both venues. And it depends on the judge.

You might also consider filing such a complaint with DHCR and that might stay any effort to evict you for that reason alone until DHCR decides. I would consult with a tenant attorney ASAP. If you choose to file with DHCR, I would do so soon, before any new matter is brought.
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Re: Ejection in Civil or Supreme court

Postby reallucky1 » Sat Nov 21, 2015 10:24 am

"I believe Civil Court has a limit of $25,000 that can be sought, where amounts above that must be sought in Supreme Court."

What does that mean and how do I find the information?

Also, are there any pro bono agencies that can help me apply to the dhcr for an administrative determination for rent stabilization?
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