Cal. Civ. Code § 797
Jurisdiction; courts; venue
Operative Text
§ 797. Jurisdiction; courts; venue. 1. Except as prohibited under subdivision three of this section, a special proceeding for judgment directing repairs of conditions and other relief in residential real property constituting violation of applicable local and state housing standards or section two hundred thirty-five-b of the real property law may be maintained in a county court, justice court, district court, or city court. 2. The place of trial of the special proceeding shall be within the jurisdictional area of the court in which the residential real property or a portion thereof is situated. 3. A special proceeding pursuant to this article shall not be maintained in any court within the counties of Nassau, Suffolk, Richmond, New York, Bronx, Kings or Queens.
Under N.Y. Real Prop. Acts & Proc. Law § 797, a special court proceeding aimed at compelling repairs to residential property that violates housing standards or the implied warranty of habitability may be brought in a county court, justice court, district court, or city court. The case must be filed in the court that covers the geographic area where the property is located. Notably, this type of proceeding is entirely unavailable in courts within Nassau, Suffolk, Richmond (Staten Island), New York (Manhattan), Bronx, Kings (Brooklyn), or Queens counties.
Plain English — not legal advice.
Property owners and managers operating in jurisdictions where § 797 proceedings are available should be aware that tenants may use this special proceeding to seek a court order directing repairs for housing-code violations or habitability deficiencies. Compliant operators generally maintain properties in a condition that meets applicable local and state housing standards, reducing exposure to such proceedings. Because § 797 restricts venue to the court covering the property's location, operators with units in multiple jurisdictions should track which specific courts have authority over each property.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 797, if you rent residential property outside the seven excluded counties, you may have access to a special court proceeding to seek a judicial order compelling your landlord to make repairs that address housing-standard violations or habitability concerns. The proceeding must be filed in the court whose jurisdiction covers the property itself, so identifying the correct local court is an important procedural step. Tenants can explore this option by contacting a local tenant-rights organization or a legal aid office familiar with the courts that handle § 797 matters in their area.
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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