Cal. Civ. Code § 797-D
Time of service; order to show cause
Operative Text
§ 797-d. Time of service; order to show cause. 1. The notice of petition and petition shall be served at least ten and not more than seventeen days before the time at which the petition is to be heard. 2. The court may grant an order to show cause to be served in lieu of a notice of petition at a time and in a manner specified therein.
Under N.Y. Real Prop. Acts & Proc. Law § 797-D, when a petition is filed to initiate a court proceeding, the notice of petition and the petition itself must be served on the opposing party no earlier than seventeen days and no later than ten days before the scheduled hearing date. As an alternative to this standard notice process, a court has the authority to issue an order to show cause, which can set its own service timing and method. This provision establishes the procedural window that governs when and how a party receives formal notice of the proceeding.
Plain English — not legal advice.
Property owners and managers initiating proceedings governed by N.Y. Real Prop. Acts & Proc. Law § 797-D generally ensure that service of the notice of petition and petition falls within the ten-to-seventeen-day window before the hearing date. Operators who miss this window risk procedural defects that can affect the validity of the proceeding. When a court issues an order to show cause in lieu of a notice of petition, compliant operators follow the specific service instructions set out in that order, including any alternative timing or method the court specifies.
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 § 797-D, tenants have a right to receive the notice of petition and petition within a defined timeframe — no fewer than ten and no more than seventeen days before the hearing. If service falls outside that window, or if the terms of a court-issued order to show cause were not followed, a tenant may be able to raise improper service as a procedural issue in the proceeding. Tenants who believe they were not properly served can explore their options by consulting a tenant-rights organization or reviewing resources available through a local rent board or housing court self-help center.
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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