N.Y. Real Property Actions & Proceedings Law § 796-a: Jurisdiction; court; venue

§ 796-a. Jurisdiction; court; venue. 1. A special proceeding for a

judgment directing the deposit of rents into court and the use of such

monies for the purpose of remedying conditions at a dwelling dangerous

to life, health or safety may be maintained by tenant or tenants of the

dwelling in the county court, district court or city court having

jurisdiction in the municipality in which the dwelling is located.

2. A special proceeding as described in subdivision one of this

section may also be commenced by the commissioner of the department

charged with enforcement of the housing maintenance code in the

municipality where the dwelling is located.

(a) If the proceeding is instituted by such commissioner, one-third or

more of the tenants of the dwelling may, at any time thereafter during

the pendency of the proceeding or after final judgment pursuant to

section seven hundred ninety-six-h or seven hundred ninety-six-i of this

article, petition for substitution of themselves in place and instead of

such commissioner. Such substitution shall be ordered by the court

unless good reason to the contrary shall be shown.

(b) A special proceeding pursuant to the provisions of this article

may only be commenced with respect to the same premises by one

municipality at a time.

3. The place of trial of the special proceeding shall be within the

county in which the dwelling or a portion thereof from which the rents

issue is situated.

4. The provisions of this article shall not apply to dwellings located

in the city of New York or in the counties of Nassau, Suffolk, Rockland

and Westchester or in any cities, towns or villages of such counties.