Cal. Civ. Code § 701
Jurisdiction; courts; venue
Operative Text
§ 701. Jurisdiction; courts; venue. 1. A special proceeding to recover real property may be maintained in a county court, the court of a police justice of the village, a justice court, a court of civil jurisdiction in a city, or a district court. 2. The place of trial of the special proceeding shall be within the jurisdictional area of the court in which the real property or a portion thereof is situated; except that where the property is located in an incorporated village which includes parts of two or more towns the proceeding may be tried by a justice of the peace of any such town who keeps an office in the village.
N.Y. Real Prop. Acts & Proc. Law § 701 establishes which courts have authority to hear special proceedings brought to recover possession of real property in New York. These proceedings may be filed in a county court, a village police justice court, a justice court, a city civil court, or a district court. The case must be heard in the court whose geographic jurisdiction covers the location of the property at issue, with a limited exception for villages that straddle two or more towns.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 701, a compliant operator initiating a special proceeding to recover a rental unit files in a court that both has subject-matter authority over such proceedings and sits within the jurisdictional area where the property is located. Landlords and property managers generally confirm the correct venue before filing, since a proceeding brought in the wrong court or wrong geographic area may be subject to dismissal or transfer. Where a property sits in an incorporated village that spans multiple towns, operators are aware that a justice of the peace from any of those towns who maintains an office in the village may also have authority to hear the matter.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 701 governs where a landlord may lawfully bring a special proceeding to recover possession of a rental unit, and a proceeding filed in the wrong court or wrong venue may be challengeable on that basis. Tenants who receive notice of such a proceeding can review whether the court named in the papers is one of the authorized courts and whether it covers the location of the property. Tenant-rights organizations and legal aid offices can help renters understand whether a venue or jurisdictional issue under § 701 may be raised as part of a response to the proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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