Cal. Civ. Code § 796-A
Jurisdiction; court; venue
Operative Text
§ 796-a. Jurisdiction; court; venue. 1. A special proceeding for a judgment directing the deposit of rents into court and the use of such monies for the purpose of remedying conditions at a dwelling dangerous to life, health or safety may be maintained by tenant or tenants of the dwelling in the county court, district court or city court having jurisdiction in the municipality in which the dwelling is located. 2. A special proceeding as described in subdivision one of this section may also be commenced by the commissioner of the department charged with enforcement of the housing maintenance code in the municipality where the dwelling is located. (a) If the proceeding is instituted by such commissioner, one-third or more of the tenants of the dwelling may, at any time thereafter during the pendency of the proceeding or after final judgment pursuant to section seven hundred ninety-six-h or seven hundred ninety-six-i of this article, petition for substitution of themselves in place and instead of such commissioner. Such substitution shall be ordered by the court unless good reason to the contrary shall be shown. (b) A special proceeding pursuant to the provisions of this article may only be commenced with respect to the same premises by one municipality at a time. 3. The place of trial of the special proceeding shall be within the county in which the dwelling or a portion thereof from which the rents issue is situated. 4. The provisions of this article shall not apply to dwellings located in the city of New York or in the counties of Nassau, Suffolk, Rockland and Westchester or in any cities, towns or villages of such counties.
N.Y. Real Prop. Acts & Proc. Law § 796-A establishes which courts can hear a special rent-deposit proceeding and who may bring one. Either the tenants of a dwelling or the local housing-code enforcement commissioner may initiate a proceeding to have rents paid into court and used to fix dangerous conditions, but only one municipality may pursue such a proceeding against the same property at a time. The case must be heard in the county, district, or city court located in the county where the dwelling sits, and the entire article is inapplicable to dwellings in New York City or in Nassau, Suffolk, Rockland, and Westchester counties.
Plain English — not legal advice.
Under N.Y. Real Prop. Acts & Proc. Law § 796-A, a compliant property owner operating outside New York City and the four excluded counties should be aware that both tenants and the local housing-code enforcement commissioner hold independent authority to initiate a rent-deposit proceeding in the appropriate local court. Operators who maintain dwellings free of conditions dangerous to life, health, or safety reduce the circumstances under which such a proceeding could be commenced. Staying current on local housing-code inspections and promptly addressing any cited violations reflects the kind of ongoing maintenance practice that is consistent with the statute's underlying purpose.
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 § 796-A gives tenants of a qualifying dwelling the right to commence a special court proceeding seeking to have rents deposited with the court and applied toward correcting dangerous conditions—provided the dwelling is not located in New York City or in Nassau, Suffolk, Rockland, or Westchester counties. If the local housing commissioner has already started such a proceeding, one-third or more of the tenants may petition the court to substitute themselves as the party pursuing the case. Tenants who believe this provision may apply to their situation can learn more about available enforcement paths by contacting a local tenant-rights organization or a legal aid office familiar with housing proceedings in their county.
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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