cca Flashcards
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 1
§ 110. Housing part. (a) A part of the court shall be devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards, including, but not limited to, the multiple dwelling law and the housing maintenance code, building code and health code of the administrative code of the city of New York, as follows:
(1) Actions for the imposition and collection of____ for the violation of such laws.
(2) Actions for the collection of costs, expenses and disbursements incurred by the city of New York in the elimination or correction of a nuisance or other violation of such laws, or in the removal or demolition of any dwelling pursuant to such laws.
(3) Actions and proceedings for the establishment, enforcement or foreclosure of liens upon real property and upon the rents therefrom for civil penalties, or for costs, expenses and disbursements incurred by the city of New York in the elimination or correction of a nuisance or
other violation of such laws.
civil penalties
§ 110. Housing part. (a) A part of the court shall be devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards,
including, but not limited to, the multiple dwelling law and the housing maintenance code, building code and health code of the administrative code of the city of New York, as follows:
(4) Proceedings for the issuance of ______
or other orders for the enforcement of housing standards under such laws.
(5) Actions and proceedings under article seven-A of the real property actions and proceedings law, and all summary proceedings to ___, and to render judgment for rent due, including without limitation those cases in which a tenant alleges a defense under section seven hundred fifty-five of the real property actions and proceedings law, relating to stay or proceedings or action for rent upon failure to make repairs, section three hundred two-a of the multiple dwelling law, relating to the abatement of rent in case of certain violations of section D26-41.21 of such housing maintenance code.
injunctions and restraining orders
recover possession of residential premises to remove tenants therefrom
(6) Proceedings for the appointment of a receiver of rents, issues and profits of buildings in order to remove or remedy a nuisance or to make repairs required to be made under such laws.
(7) Actions and proceedings for the ___ recorded pursuant to such laws, or for the imposition of such violation or for the stay of any penalty thereunder.
(8) Special proceedings to vest title in the city of New York to abandoned multiple dwellings.
(9) The city department charged with enforcing the multiple dwelling law, housing maintenance code, and other state and local laws applicable to the enforcement of proper housing standards may commence any action or proceeding described in paragraphs one, two, three, four, six and seven of this subdivision by an order to show cause, returnable within
five days, or within any other time period in the discretion of the court. Upon the signing of such order, the clerk of the housing part shall issue an index number.
removal of housing violations
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 1 § 110. Housing part.
(b) On the application of any city department, any party, or on its own motion, the housing part of the civil court shall, unless good cause is shown to the contrary, __ in such part as to any building.
consolidate all actions and proceedings pending
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 1 § 110. Housing part.
(c) Regardless of the relief originally sought by a party the court ____ for the enforcement of housing standards, if it
believes they will be more effective to accomplish compliance or to protect and promote the public interest; provided in the event any such proposed remedy, program or procedure entails the expenditure of monies appropriated by the city, other than for the utilization and deployment of personnel and services incidental thereto, the court shall give notice of such proposed remedy, program or procedure to the city department charged with the enforcement of local laws relating to housing maintenance and shall not employ such proposed remedy, program or procedure, as the case may be, if such department shall advise the court in writing within the time fixed by the court, which shall not be less than fifteen days after such notice has been given, of the reasons such order should not be issued, which advice shall become part of the
record. The court may retain continuing jurisdiction of any action or proceeding relating to a building until all violations of law have been removed.
may recommend or employ any remedy, program, procedure or sanction authorized by law
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 2
§ 204. Summary proceedings. The court shall have jurisdiction over summary proceedings to ___ located within the city of New York, to remove tenants therefrom, and to render judgment for ___, and in such a proceeding after the court has determined that a warrant of eviction be issued, it shall not be necessary for the court to sign the warrant, but it may be signed by the clerk of said court. The court shall also have jurisdiction over ____in the city of New York for judgment directing deposit of rents and the use thereof for the purpose of remedying conditions dangerous to life, health or safety, as authorized by article seven-a of the real property actions and proceedings law.
recover possession of real property
rent due without regard to amount
special proceedings by tenants of multiple dwellings
SECTION 208 Counterclaims
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 2 § 208.
Counterclaims. The court shall have jurisdiction of counterclaims as follows:
(a) Of any counterclaim the subject matter of which would be within the jurisdiction of the court if ___.
(b) Of any counterclaim for money only, ___.
(d) In an action commenced in the housing part by the city department charged with enforcing the multiple dwelling law, housing maintenance code, or other state or local laws applicable to the enforcement of proper housing standards, no counterclaim may be interposed or maintained except if it ___.
sued upon separately
without regard to amount
relates to an action or proceeding specified in subdivision (a) of § 110 of this act.
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 2
§ 209. ___. (a) Attachment, arrest, seizure of chattel.
(b) Injunction or restraining order. No injunction or restraining order or notice shall issue out of or by this court unless:
(1) pursuant to §§ 7102(d), 7103(c) and 7109 of the CPLR, in conjunction with the recovery of a chattel; or
(2) pursuant to § 211 of the Real Property Actions and Proceedings law, in conjunction with the prevention of waste; or
(3) pursuant to § 1508 of this act, in conjunction with an enforcement proceeding; or
(4) pursuant to section three hundred six of the multiple dwelling law, or article fifty-three of the housing maintenance code of the administrative code of the city of New York in conjunction with enforcement of housing standards.
Provisional Remedies
209 Provisional Remedies
(d) _____. A ____ may be be filed with the
county clerk, as provided in article 65 of the CPLR, in any action within the court’s jurisdiction in which the same might be filed in a like action in the supreme court.
notice of pendency
notice of pendency
SECTION 1101 Disclosure
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 11
§ 1101. Disclosure. (a) CPLR applicable. The procedures set forth in the CPLR relative to disclosure, bill of particulars and the procuring of a copy of the items of an account, shall govern in this court,
subject to subdivision (b).
In an action to impose or collect a civil penalty for violation of the multiple dwelling law or the housing maintenance code of the New York city administrative code,___, obtained by motion to the housing part thereof, shall be required for disclosure or for a bill of particulars except for a notice under CPLR 3123, which leave shall be granted only upon a showing that such disclosure or bill of particulars is ____. If it is so noted on the summons, any motion for disclosure or a bill of particulars must be made in writing and on notice and must be filed with the clerk with proof of service not later than thirty days after joinder of issue.
leave of court
necessary to the prosecution of defense of the action
§ 1102. Implied admissions. The following provisions governing matters deemed admitted and the imposition of additional costs for unreasonable denials shall be applicable in this court.
(b) Signature. A signature to a written instrument which is pleaded shall be deemed genuine unless the other party, in his responsive pleading, _____ its genuineness and makes demand that it be proved.
(c) Corporate existence.
(d) In the event of the ____ of any of the matters contained in subdivisions (a), (b) or (c), and the satisfactory proof thereof, upon trial, by the party who pleaded them, the court may allow such party, if he prevails in the action, additional costs not to exceed twenty-five dollars for each such denial.
specifically denies
unreasonable or unjustifiable denial
SECTION 1201 Subpoenas
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 12 § 1201. Subpoenas. A ___ and a ___, and the powers of the court with reference to them, shall be governed by the CPLR, except that they shall be served only within the city of New York or in a county adjoining such city. But the court, upon motion of a party which need not be on notice, may issue either kind of subpoena and permit its service elsewhere outside the city of New York if satisfied that the interests of justice would be served thereby.
subpoena
subpoena duces tecum
SECTION 1301 How cause brought on for trial; notice of trial
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 13 § 1301. How cause brought on for trial; notice of trial.
Upon ___ the clerk shall place the case upon a general calendar. Where any party appears in person, the clerk shall fix a date for trial not less than five nor more than fifteen days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney. Where all parties appear by attorney any party may serve a notice on the others fixing a date for trial not less than five nor more than eight days after the service of such notice, and shall file such notice, with proof of service thereof, with the clerk, who shall thereupon place the case on the calendar for trial. The case shall be set down for trial as provided for by the rules.
joinder of issue
§ 1302. Adjournment of trial. The trial of an action may be adjourned:
(a) By the court for ___ shown and upon such terms and conditions as the court may deem just.
(b) By ___ with the approval of the court, such ___ to be filed with the clerk; or upon request of the plaintiff where the defendant has made default; or, if the court approve, upon ___.
good cause
stipulation of the parties
stipulation
consent of the parties in open court
SECTION 400 Method of commencing action or special proceeding
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 4
§ 400. Method of commencing action or special proceeding.
- An action is commenced in this court by filing a summons and complaint. A special
proceeding is commenced by filing a ___ or ___. For purposes of this section, and for
purposes of section two hundred three of the civil practice law and rules, filing shall mean the delivery of the summons and complaint, the ____ to the clerk of the court in the county in which the action or special
proceeding is brought together with any fee required by section nineteen hundred eleven of this act. At the time of filing, the original and a copy of the papers shall be date stamped by the court clerk who shall
file the original and maintain a record of the filing and shall return the copy to the party who brought the filing. The clerk shall accept the fee and file the papers as soon as reasonably practicable.
notice of petition and petition
order to show cause and petition
notice of petition and petition or order to show cause and petition
