Cal. Civ. Code § 769
Jurisdiction; court; venue
Operative Text
§ 769. Jurisdiction; court; venue. 1. A special proceeding by tenants of a dwelling in the city of New York or the counties of Nassau, Suffolk, Rockland and Westchester for a judgment directing the deposit of rents into court and their use for the purpose of remedying conditions dangerous to life, health or safety may be maintained in the civil court of the city of New York, the district court of the counties of Suffolk and Nassau and the county courts or city courts in the counties of Rockland and Westchester. 2. The place of trial of the special proceeding shall be within the county in which the real property or a portion thereof from which the rents issue is situated.
N.Y. Real Prop. Acts & Proc. Law § 769 establishes which courts have authority to hear a specific type of tenant-initiated legal action in New York. This action—sometimes called a rent-deposit or rent-strike proceeding—allows tenants in New York City and the counties of Nassau, Suffolk, Rockland, and Westchester to seek a court order directing that rent be paid into court rather than to the landlord, with those funds used to address dangerous conditions. The provision also fixes the location of such proceedings: the case must be brought in the county where the rental property is physically located.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 769, property owners in New York City and the four covered counties—Nassau, Suffolk, Rockland, and Westchester—should be aware that tenants have a defined legal pathway to redirect rent payments through the courts when conditions dangerous to life, health, or safety are alleged. Compliant operators generally maintain properties in a condition that avoids triggering such proceedings and keep records of repairs and inspections that could be relevant if a proceeding is filed in the county court with jurisdiction over the property. Knowing which court governs a given property helps operators respond promptly and appropriately if a § 769 proceeding is initiated.
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 § 769 gives tenants in New York City and Nassau, Suffolk, Rockland, and Westchester counties access to a special court proceeding designed to address dangerous living conditions by having rent deposited with the court rather than paid directly to a landlord. The proceeding must be filed in the court designated for the county where the rental property sits—such as the Civil Court of the City of New York or the relevant district, county, or city court. Tenants who believe this remedy may apply to their situation can learn more about the process through local tenant-rights organizations or a housing court self-help center.
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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