Cal. Civ. Code § 774
Trial
Operative Text
§ 774. Trial. Where triable issues of fact are raised, they shall be tried by the court without a jury at the time when issue is joined. However, the court, in its discretion, may grant an adjournment of such trial at request of either party, if it determines that an adjournment is necessary to enable either of the parties to procure the necessary witnesses, or upon consent of all the parties who appear. Such adjournment shall not be for more than five days except by consent of all the parties who appear.
Under N.Y. Real Prop. Acts & Proc. Law § 774, when a housing proceeding presents genuine disputes of fact, those disputes are resolved by a judge alone—not a jury—and the trial takes place as soon as the parties have joined issue. A court may postpone the trial at either party's request if it finds the delay is needed to secure necessary witnesses, or if all appearing parties agree to the delay. Any such adjournment is capped at five days unless every appearing party consents to a longer postponement.
Plain English — not legal advice.
N.Y. Real Prop. Acts & Proc. Law § 774 means that property owners and managers should be prepared to proceed to a bench trial—without a jury—promptly once the case is at issue. Compliant operators generally ensure that any witnesses they intend to call are identified and available early in the proceeding, since adjournments are limited to five days absent full party consent. Keeping documentation and witnesses ready from the outset reflects the expedited nature of the proceedings this section governs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Real Prop. Acts & Proc. Law § 774, tenants have the right to have disputed facts decided by a judge in a bench trial, and they may request an adjournment if they need additional time to secure necessary witnesses. If a tenant needs more time to prepare, raising that need with the court at the earliest opportunity is a recognized path, though any delay is generally limited to five days unless all parties agree otherwise. Tenants who have questions about how this procedural rule may affect their case can seek guidance from a local tenant-rights organization or legal aid office.
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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