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32-488: It handles about 25% of all the New York state and local courts' total filings. The court consists of 3 parts: Housing, Small Claims, and General Civil. The court's jurisdiction includes ejectment actions, replevin of personal property within monetary limits, equity jurisdiction limited to real property actions, real property actions such as partitions , foreclosures within monetary limits, and actions to rescind or reform

64-430: A contract. Housing Court is devoted to the enforcement of state and local housing standards laws. The housing part's (HP) fundamental purpose is to ensure that landlords provide safe and habitable housing. The majority of cases are eviction proceedings over unpaid rent. The city's right-to-counsel law guarantees free legal services to all tenants facing eviction. People with gross household incomes at or below 200% of

96-461: A county-wide seat, and petitions containing 1,500 signatures are necessary for a district seat. Party leaders frequently designate candidates for the Civil Court judgeships, who then face an open primary against others who qualify for the ballot. The party machine usually manages to elect most of its judicial candidates. The New York City Office of Civil Justice (OCJ) is responsible for implementing

128-623: A faster resolution. In certain situations, disputes may be referred to mediation where a neutral third party facilitates an agreement between the disputing parties. The court's divisions are by each county (borough). In each division there are a number of court parts established by the Chief Administrative Judge . The "Housing Part" (HP) refers to the part of the Housing Court devoted exclusively to code enforcement. Other parts include: There are approximately 120 Civil Court judges in

160-413: A fourth person, William Stiles. Doe then has the action of ejectment against Stiles, but there is a rule that no plaintiff shall proceed in ejectment without notice being given to the person actually in possession and an opportunity being given him to appear as a defendant if he pleases. Where Doe sues Stiles, Stiles informs you of the action and you, if you do not want to see the land adjudged to Doe, defend

192-413: A lease to a friend which had passed to a fictitious person (such as John Doe ), who became the nominal plaintiff: the real claimant (plaintiff) was thereby the "lessor of the plaintiff". The action was vicarious. The action was brought against the real defendant or, more usually, for semi-secrecy and to ensure the low court, against another fictitious person (e.g. William Styles ), in many papers termed

224-496: A list of qualified applicants screened and selected by the Housing Court Advisory Council. All 50 Housing Court judges serve in the Civil Court and cannot be assigned to other courts. With the consent of the parties, a volunteer arbitrator hears and decides disputes in small claims parts. Over 2800 arbitrators preside over 95% of the cases heard in small claims parts. They are appointed by the administrative judge of

256-438: A multiple dwelling may get a judgment directing the deposit of rents into court for remedying conditions dangerous to life, health or safety. 7A supplements RPAPL § 755 which provides that in proceedings for non-payment of rent, the tenant may be permitted to deposit the rent into court pending cure of the violations if they can prove of the existence of dangerous conditions. Other state and local housing standards laws include

288-436: Is composed largely of members of real estate interests and is not representative of the population. In 1759, so-called justices' courts held by the mayor, recorder or an alderman could try cases in controversy of not more than £ 5 (equivalent to £967 in 2023). In 1781, they were replaced by assistant justices' courts held by associate justices appointed by the governor. In 1787, these were replaced by assistant justices with

320-408: Is unsatisfactory we should try to look at the matter from X's point of view. Has he not, so to speak, a vested interest in the maintenance of the old procedure? You are proposing to use against him an action in which he may be imprisoned and outlawed, while, supposing that he is in the wrong, the law has provided other forms of action which do not permit this procedure against his person... [A] dodge

352-808: The Municipal Court of the City of New York . Small claims parts were added to the Municipal Court in 1934. On September 1, 1962, the City Court and the Municipal Court were merged to form the current Civil Court. The Civil Court Act was primarily based upon the Municipal Court Code, and to some extent the New York City Court Act and the practice of the County Courts outside NYC. Francis E. Rivers on

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384-443: The federal poverty level can receive full legal representation , whereas everyone can receive brief legal assistance , regardless of immigration status and provided no later than their first scheduled appearance. Its enforcement and remedial powers include injunctions , restraining orders, and other orders to correct and prevent housing-code violations and to compensate aggrieved parties. Under Article 7A , one-third of tenants of

416-416: The "casual ejector", who both sides' papers would state evicted the first fictitious tenant(s) by virtue of an (equally fictitious) lease granted by the real defendant. The title of the action would then be "Doe dem. [name of real claimant] v. [Defendant] or [fictitious counter-tenant]". E.g. Doe dem. John Hurrell Luscombe v Yates, Hawker, and Mudge (1822) 5 B. & Ald. 544 (England; 1822), A letter

448-491: The City Court legislative committee criticized the new court act, calling it "outdated" and "radically limited by practice provisions adapted to conditions existing more than a half century ago" given that it used Municipal Court Code legal procedure instead of the newer Civil Practice Act . In 1820, a landlord-drafted act removed the common law six-month waiting period for ejectments , allowing summary eviction and removal of tenants for nonpayment. The Tenement House Act of 1901

480-430: The City of New York . In 1848–1849 the assistants justices' courts were replaced with newly created justices' courts elected within six districts, and in 1852 these justices' courts were renamed as district courts, by 1857 divided into seven districts and by 1882 into ten districts, and by the city charter of 1897 the district courts of New York City and justices' courts of Brooklyn and Long Island City were consolidated into

512-609: The Multiple Dwelling Law of the Consolidated Laws , and the housing maintenance code, building code and health code of the New York City Administrative Code . The Small Claims Part, commonly referred to as Small Claims Court , is the division of the court dedicated to resolving monetary disputes involving claims up to $ 5,000. Designed with simpler and more informal procedures compared to other parts of

544-596: The New York City Civil Court. Civil Court judges may be assigned by the Chief Administrative Judge of New York to the Criminal Court, Family Court, or Supreme Court. At any given time, about 50 Civil Court judges are assigned to the Civil Court, with the rest assigned to the Criminal, Family or Supreme Courts. Civil Court judges are elected countywide or from districts to 10-year terms, with vacancies filled by

576-516: The action in Stiles's stead. In the end my title as against you is put in issue in the action. Such fictitious actions have been abolished in many jurisdictions as a result of the provision of alternative remedies. Chief Administrative Judge The New York State Chief Administrator of the Courts (or Chief Administrative Judge of the Courts if a judge) oversees the administration and operation of

608-513: The city's right-to-counsel law. There are approximately 50 Housing Court judges in the New York City Civil Court. In housing court, referees known as "housing judges" preside over most proceedings. Housing Court judges handle the housing parts of the New York City Civil Court, but are not judges provided for under Article VI of the New York Constitution. Housing judges are appointed by the Chief Administrative Judge to five-year terms from

640-542: The court system, Small Claims Court encourages individuals to represent themselves, aiming to offer an accessible and efficient legal resolution path for the public. The cases typically dealt with in this court involve personal or property damages, contract disputes, or disagreements over services rendered. The small filing fees and streamlined processes make it cost-effective for individuals or businesses involved in monetary disputes. Cases are heard by either judges or volunteer lawyer arbitrators, with arbitration often providing

672-481: The court. Specialized Landlords in New York City may use a blacklist of persons who have appeared in housing court as a plaintiff or defendant. Known among housing advocates and lawyers as the tenant blacklist, it is compiled by tenant-screening database companies from housing court records. The appointment of housing judges has been criticized because the advisory council through which appointments are processed

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704-402: The housing part was constitutional , suggesting that although they were able to preside over housing matters and exercise judicial functions, their office was distinct from that of a judge of the Civil Court because they are essentially referees: nonjudicial officers of the court appointed to assist it in the performance of its judicial functions. In 1978 they were renamed as "housing judges" with

736-425: The intent to improve their stature, though they "are still nonjudicial officers of the court". Ejectment Ejectment is a common law term for civil action to recover the possession of or title to land. It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured. Though still used in some places,

768-611: The land to John Doe, who was ejected, and bring the action in John Doe's name---why should it not be enough, in an action of trespass, to say that A himself was ejected? The answer to that is I think this--if you are a freeholder claiming land you should bring a writ of entry, or a writ of right. If you, being freeholder, have been ejected, that is a disseisin, you should bring the assize of novel disseisin. The law has provided you with abundant remedies, both proprietary and possessory---you must use them. If to us it seems that such an answer as this

800-407: The land until ousted by you, and then brings the action, trespass in ejectment or, briefly, ejectment. To succeed in his action he must prove (1) my right to enter, (2) the lease, (3) his entry under the lease and (4) his ouster by you. When all this is proved he recovers his term with damages. Upon this form there is a variation. I put John Doe as tenant upon the land and he is ousted not by you but by

832-416: The mayor and with their service continuing until the last day of December after next election. The Legislature has consistently opted to fill judgeships using the preexisting mixed pattern of countywide and Municipal Court districts— A candidate needs to file petitions to be considered a candidate for a political party's nomination in the general election; petitions containing 4,000 signatures are needed for

864-454: The power of justices of the peace in other counties. In 1797, these were replaced with justices of the peace for the city and county of New York and were constituted as one court. In 1807-1808 these were replaced by justices' courts and assistants justices' courts. In 1819, the justices' courts were renamed as the marine court of the city of New York, and in 1883 was renamed as the City Court of

896-510: The term is now obsolete in many common law jurisdictions, in which possession and title are sued by the actions of eviction (also called possession proceedings) and quiet title (or injunctive and/or declaratory relief), respectively. Originally, successful ejectment meant recovery of possession of land, for example against a defaulting tenant or a trespasser , who did not have (or once had no longer did) any right to remain there. It has continued to be used for this, though in some jurisdictions

928-411: The terminology has changed. Over time, actions of ejectment were applied to try land claims in place of older real actions such as the assize of novel disseisin . A practice developed of trying the title to ownership of land by means of a special ejectment chiefly for ensuring a low court and had the added advantage of some confidentiality among the landed gentry. The claimant granted (or so professed)

960-438: Was discovered by which the action of ejectment (ejectione firmae) could be made generally available as a means of enabling any claimant to recover possession of land... You are in possession of land of which I say that I am the true owner, the tenant in fee simple. If this is correct I have as a general rule a right to enter... I do in fact enter and then and there make a lease for years to a third person, John Doe. John Doe stays on

992-461: Was enacted by Progressive reformers to ban the construction of poor-quality apartment buildings. The Housing Stability and Tenant Protection Act of 2019 introduced major changes to landlord-tenant law. The housing part and its housing judges were created on April 1, 1973. In Glass v Thompson the Appellate Division held the appointment of "hearing officers" to preside over non-jury trials in

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1024-475: Was sent in the name of the casual ejector to the real defendant, inviting him to defend the case on behalf of his supposed tenant. The defendant's right to appear depended on the existence of the fictitious lease (an existence he would willingly assert or, failing to do, lose by default). This enabled the rights of the real parties to be litigated in a low court. As explained by Maitland: A claims land against X, why should he be compelled to say that he, A, demised

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