Cal. Civ. Code § 796-C
Commencement; notice of petition; time and manner of service
Operative Text
§ 796-c. Commencement; notice of petition; time and manner of service. 1. A special proceeding prescribed by this article shall be commenced by the service of a petition and notice of petition. A notice of petition may be issued only by a judge or the clerk of the court. 2. The notice of petition shall specify the time and place of the hearing on the petition and state that if at such time, a defense to such petition is not interposed and established by the owner or any mortgagee or lienor of record, a final judgment may be rendered directing that: (a) the rents due on the date of entry of such judgment from the petitioning tenants and the rents due on the dates of service of such judgment on all other tenants occupying such dwelling, from such other tenants, shall be deposited with the administrator appointed pursuant to section seven hundred ninety-six-j of this article; (b) any rents to become due in the future from such petitioners and from all other tenants occupying such dwelling shall be deposited with such administrator as they fall due; and (c) such deposited rents shall be used, subject to the court's direction, to the extent necessary to remedy the condition or conditions alleged in the petition. 3. The notice of petition and petition shall be served upon the person set forth as the owner on the last recorded deed to the rented dwelling and upon every mortgagee and lienor of record, at least five days before the time at which the petition is noticed to be heard. 4. The proof of service shall be filed with the court before which the petition is to be heard on or before the return date. 5. (a) Service of the notice of petition and petition shall be made by personally delivering them to the person or persons required to be served pursuant to subdivision three of this section. If service cannot with due diligence be made upon an owner, mortgagee or lienor of record in such manner, it shall be made: (i) upon the person set forth as the owner on the last recorded deed, to the rented dwelling by registered or certified mail, return receipt requested, at the address set forth in the recorded deed and by delivering to and leaving copies of the notice of petition and the petition personally with the person designated as the managing agent of the dwelling, if one shall have been designated; (ii) upon a mortgagee or lienor of record, by registered or certified mail, return receipt requested, at the address set forth in the recorded mortgage or lien. (b) If such personal service upon the person set forth as the owner on the last recorded deed to the rented property cannot be made with due diligence, service upon such last registered owner shall be made by affixing a copy of the notice and petition upon a conspicuous part of the subject dwelling; and in addition, within two days after such affixing, by sending a copy thereof by registered or certified mail, return receipt requested, to the owner at the address set forth in the last recorded deed with respect to such dwelling. 6. Notice of the proceeding shall be given to the non-petitioning tenants occupying the dwelling by affixing a copy of the notice of petition and petition upon a conspicuous part of the subject dwelling.
Under N.Y. Real Prop. Acts & Proc. Law § 796-C, a special rent-related court proceeding begins when a petition and notice of petition are formally served on the property owner, any mortgagees, and lienors of record — at least five days before the scheduled hearing. The notice must spell out the hearing's time and place and warn that, if no defense is raised, a court may order rents to be deposited with a court-appointed administrator and used to address the conditions described in the petition. Non-petitioning tenants in the building receive notice by posting on a conspicuous part of the dwelling, and proof of service must be filed with the court by the return date.
Plain English — not legal advice.
Under § 796-C, a compliant property owner or manager who receives a notice of petition and petition in one of these special proceedings — whether by personal delivery, certified mail, or conspicuous posting — takes care to note the hearing date, which must be at least five days after service. Operators who have designated a managing agent should be aware that the agent may be a valid recipient of service when personal delivery to the owner cannot be accomplished with due diligence. Owners and any mortgagees or lienors of record who wish to contest the proceeding generally appear at the noticed hearing and interpose a defense, since § 796-C makes clear that a final judgment directing rent deposits may be entered if no defense is raised.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 796-C establishes the procedural framework that kicks off a special proceeding in which tenants may seek to have rents deposited with a court-appointed administrator to address dwelling conditions. Petitioning tenants should understand that the notice of petition — issued only by a judge or court clerk — must be served on the owner and any mortgagees or lienors at least five days before the hearing, and that non-petitioning tenants in the same building are notified by a posted copy on the dwelling. Tenants who want to understand their rights in connection with such a proceeding can consult a local tenant-rights organization or legal aid office familiar with § 796-C proceedings.
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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