New York City Civil Court

Civil Court of the City of New York
Court overview
Formed September 1, 1962 (1962-09-01)
Jurisdiction New York City
Court executives
  • Fern Fisher, deputy chief administrative judge
  • Carol Alt, chief clerk
Parent department New York State Unified Court System
Key document
Website nycourts.gov/courts/nyc/civil

The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part (small claims court) for cases involving amounts up to $5,000 as well as a housing part (housing court) for landlord-tenant matters, and also handles other civil matters referred by the New York Supreme Court.[1][2] It handles about 25% of all the New York state and local courts' total filings.[3] The court has divisions by county (borough), but it is a single citywide court.[4][5][6]

Jurisdiction

The Civil Court has monetary jurisdiction up to $25,000, including replevin when the value of the chattel does not exceed that amount, real property actions such as partitions, and foreclosures within the monetary limit, and also has equity jurisdiction limited to real property actions, ejectment actions, and actions to rescind or reform a contract not involving more than the $25,000 jurisdictional limit.[7]

Structure

New York State Unified Court System

Court of Appeals
Supreme Court, Appellate Division
Supreme Court
Court of Claims
Surrogate's Court
Family Court
County Court
District Court
New York City: Civil, Criminal
Justice courts

The court's divisions are by each county (borough).[6] In each division there are a number of court parts established by the Chief Administrative Judge:[8]

Officers

Judges

New York City Civil Court judges are elected countywide or from districts to 10-year terms, with vacancies filled by the mayor and service continuing until the last day of December after next election.[5][10][11][1][9][12][13] A candidate needs to file petitions to be considered a candidate for a political party's nomination in the general election; petitions containing 4,000 signatures are needed for a county-wide seat, and petitions containing 1,500 signatures are necessary for a district seat.[12]

Party leaders frequently designate candidates for the Civil Court judgeships, who then face an open primary against others who qualify for the ballot. The party machine usually manages to elect most of its judicial candidates.

Housing Part judges are appointed by the Chief Administrative Judge to five-year terms.[1][9][12][13] Civil Court or Family Court Judges may be assigned by the New York Chief Judge to the Supreme Court and are referred to as "Acting Supreme Court Judges".[14] The Chief Judge of New York, in consultation with the Chief Administrative Judge, Administrative Judges, Supervising Judges and the Presiding Justice of the relevant Appellate Division, assigns judges to sit in the county in which they were selected or another county, for example a judge elected to New York City Civil Court in Manhattan could be assigned to Family Court in the Bronx, although an acting Supreme Court judge is usually assigned to the county in which they were elected.[14]

Arbitrators

With the consent of the parties, a volunteer arbitrator hears and decides disputes in small claims parts.[15] Over 2800 arbitrators preside over 95% of the cases heard in small claims parts.[15] They are appointed by the administrative judge of the court.[16]

Tenant blacklist

Landlords in New York City may use a blacklist of persons who have appeared in housing court as a plaintiff or defendant.[17] Known among housing advocates and lawyers as the tenant blacklist, it is compiled by tenant-screening database companies from housing court records.

History

The Civil Court was formed in 1962 in a consolidation of predecessor courts.[3]

Notable judges

See also

References

  1. 1 2 3 The New York State Courts: An Introductory Guide (PDF). New York State Office of Court Administration. 2000. p. 4. OCLC 68710274.
  2. ↑ The New York State Courts: An Introductory Guide (PDF). New York State Office of Court Administration. 2010. p. 2. OCLC 668081412.
  3. 1 2 "Civil Court History". New York State Office of Court Administration. Retrieved 17 August 2014.
  4. ↑ New York City Civil Court Act § 102
  5. 1 2 Barr, Michael H. New York Civil Practice Before Trial. §6:180: James Publishing. ISBN 1-58012-062-8.
  6. 1 2 22 NYCRR § 208.2
  7. ↑ "In General". New York State Office of Court Administration. Retrieved 17 August 2014.
  8. ↑ 22 NYCRR § 208.3
  9. 1 2 3 New York City Civil Court Act § 110
  10. ↑ New York City Civil Court Act § 102-a
  11. ↑ Colby, Peter W. (1985). "The Government of New York State Today". In Colby, Peter W. New York State Today. SUNY Press. p. 105. ISBN 0-87395-960-4. LCCN 84-8737.
  12. 1 2 3 New York City Bar Association Special Committee to Encourage Judicial Service (2012). How To Become a Judge (PDF). New York City Bar Association. pp. 6–8.
  13. 1 2 "Judges". New York State Office of Court Administration. Retrieved 17 August 2014.
  14. 1 2 New York City Bar Association Council on Judicial Administration (March 2014). Judicial Selection Methods in the State of New York: A Guide to Understanding and Getting Involved in the Selection Process (PDF). New York City Bar Association. pp. 9–13.
  15. 1 2 "Small Claims Court Arbitrator Volunteers". New York State Office of Court Administration. Retrieved 25 November 2016.
  16. ↑ 22 NYCRR 208.41(n)(1)
  17. ↑ Kim Barker and Jessica Silver-Greenberg (August 16, 2016). "On Tenant Blacklist, Errors and Renters With Little Recourse". The New York Times. Retrieved August 16, 2016.
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