Residential Ejectment Actions
Ejectment Actions - In General
Where To Bring The Action
How To Start The Action
Ejectment Actions - In General
An action in ejectment is a way for an owner to obtain possession of an apartment. This action is different from a holdover proceeding. An action in ejectment is started in either Civil or Supreme Court, and a holdover proceeding is started in the Housing Court.
Generally, an owner will commence an action in ejectment when he or she is unable to commence a holdover proceeding in the Housing Court.
If the assessed value of the property is $50,000.00 or less, than the owner can commence the action in ejectment in the Civil Court. If the assessed value of the property is greater than $50,000.00 then the owner must commence the action in ejectment in Supreme Court. You can determine the assessed value of the property by looking at the Notice of Assessment. Usually, you receive this form once a year, in January. You can also find out the assessed value on-line, by clicking on Assessment.
In the Bronx and Manhattan, an owner would serve the tenant with
a summons and complaint to start the action. In Brooklyn, Queens
and Staten Island, the owner would first serve the tenant with a
termination notice, and then serve the tenant with a summons and
complaint. To learn more about starting an action in the civil court,
you may click on Starting a Case.
