Cal. Civ. Code § 797-I
Trial
Operative Text
§ 797-i. Trial. Where triable issues of fact are raised, they shall be tried by the court unless, at the time the petition is noticed to be heard, a party demands a trial by jury, in which case trial shall be by jury. At the time when issue is joined, the court, at the request of either party shall adjourn the trial of the issue, not less than fourteen days, except by consent of all parties. A party's second or subsequent request for adjournment shall be granted in the court's sole discretion.
Under N.Y. Real Prop. Acts & Proc. Law § 797-I, when a housing proceeding presents genuine disputes of fact, those disputes are resolved at trial either by the judge or, if a party timely demands it, by a jury. Once the parties have joined issue, either side may request that the trial be postponed by at least fourteen days, though all parties must agree to a shorter delay. Any second or later adjournment request is left entirely to the court's discretion rather than granted as a matter of right.
Plain English — not legal advice.
Property owners and managers involved in proceedings governed by N.Y. Real Prop. Acts & Proc. Law § 797-I should be aware that a jury trial is available but must be demanded at the time the petition is noticed for hearing—missing that window means the case will be decided by the judge alone. Compliant operators generally track procedural deadlines carefully, including the fourteen-day minimum adjournment period that applies once issue is joined. Because the court has sole discretion over any second or subsequent adjournment request, operators typically plan their schedules and gather documentation well in advance of the trial date.
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-I, tenants have the right to demand a jury trial, but that demand must be made at the time the petition is noticed to be heard. Once the case reaches the issue-joined stage, a tenant may request at least fourteen days before trial begins, though a second or later request for delay is subject to the judge's discretion. Tenants who have questions about preserving these procedural rights may find it helpful to consult a tenant-rights organization or legal aid office familiar with New York housing 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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