Cal. Civ. Code § 796-F
Trial
Operative Text
§ 796-f. 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; provided, however, that 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 § 796-F, when a housing proceeding raises 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 a 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.
Property owners and managers involved in proceedings governed by N.Y. Real Prop. Acts & Proc. Law § 796-F should be aware that contested factual matters are heard by a judge without a jury, and that trial is expected to proceed promptly once issue is joined. A compliant and prepared operator generally identifies necessary witnesses well in advance, since adjournments are limited to five days absent full party consent. Operators who anticipate needing additional time to produce witnesses typically raise that need with the court as early as possible in the proceeding.
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 § 796-F, tenants have the right to have disputed facts decided by a judge rather than a jury, with the trial scheduled to occur promptly after issue is joined. If a tenant needs more time to secure witnesses, the statute provides a path to request an adjournment, though the court has discretion over whether to grant it and any delay is generally limited to five days. Tenants who have questions about how this procedural rule may affect their case can reach out to a local tenant-rights organization or legal aid office for general guidance.
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.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.