Ejectment

[krotus23]

What is ejectment? Is there any defense? Are there any conditions under which it cannot be brought? Anyone heard of this?

[Anna]

An ejectment is an eviction action brought in Civil Court or Supreme Court instead of Housing Court in NYC or City/County Courts in NYS. This is a regular civil lawsuit: long, drawn-out. Usually, the LL starts an ejectment action because he is forbidden by law from using the faster summary proceeding in the other courts. The most common reason in NYC is that the apt is illegal, often in an illegal-three or commercial building, i.e., building lacks Certificate of Occupancy, Multiple Dwelling Registration, etc.

The tenant has all of the same defenses and counterclaims as in a summary proceeding, plus others.

Read the Housing Court info for defenses and counterclaims, remember that procedure IS different:
http://www.tenant.net/Court/Howcourt/contents.html
http://www.tenant.net/Court/cwtfhc/index.html
http://www.tenant.net/Rights/CTRC/

Some of the info is specific to NYC, most isn't.

Learn more by google-searching for ejectment from http://www.tenant.net/Rights/CTRC/

and finding your city/town info here: http://www.tenant.net/nyc.html
http://nycourts.gov/home.htm
http://www.consumer.state.ny.us/clahm/Clahm-Landlords.htm