New York City has multiple court systems that handle different kinds of disputes between tenants and landlords — or between individuals and organizations. Knowing which court handles your issue is the first step to getting the right result. Filing in the wrong court wastes time and can cost you your case. This guide explains the difference between the main courts you’re likely to encounter as a New Yorker navigating a legal problem.
NYC Housing Court (Housing Part of NYC Civil Court)
What it handles:
- Eviction proceedings (nonpayment and holdover cases)
- HP proceedings — tenants filing to force landlords to make repairs
- Harassment proceedings by tenants against landlords
- DHCR order enforcement
- Illegal lockout petitions
Who files cases here: Both landlords (eviction cases) and tenants (HP and harassment cases, lockout petitions)
No dollar limit on possessory claims; money claims in housing court are typically incidental to the possession issue
Location: One courthouse per borough — see our housing court guide for addresses
NYC Small Claims Court
What it handles: Money disputes up to $10,000 between individuals and/or businesses
- Wrongfully withheld security deposits
- Property damage caused by landlord negligence
- Unpaid wages or small business disputes
- Consumer claims against businesses
Who files: Individuals bringing claims against other individuals or businesses
Dollar limit: $10,000 maximum
No lawyer required: Designed for self-represented parties — see our Small Claims guide
NYC Civil Court (General)
What it handles: Civil money claims up to $25,000
- Larger money disputes above the Small Claims limit
- Contract disputes
- Personal injury claims
- Landlord-tenant money disputes over $10,000
Dollar limit: Up to $25,000 (claims above this go to Supreme Court)
More formal: Rules of evidence apply more strictly; having an attorney is recommended for Civil Court cases above the Small Claims threshold
New York State Supreme Court
What it handles:
- Civil claims with no dollar limit (cases above $25,000)
- Article 78 proceedings — challenges to government agency decisions (including challenging a DHCR order you disagree with)
- Complex landlord-tenant matters referred from lower courts
- Appeals from NYC Civil Court and Housing Court decisions (via the Appellate Term)
Attorney strongly recommended: Supreme Court proceedings are significantly more complex and formal
DHCR (Division of Housing and Community Renewal) — Administrative, Not a Court
DHCR is a state agency — not a court — that handles administrative proceedings for rent-stabilized apartments:
- Rent overcharge complaints
- Reduction of services complaints (stabilized tenants)
- Lease violations by landlords
- Rent history requests
DHCR proceedings can run parallel to housing court cases. The forums have different strengths: DHCR is better for calculating and recovering overcharges over time; housing court is faster for immediate relief like repair orders or stopping an eviction. For complex matters, both may be used simultaneously with an attorney’s guidance.
Quick Reference: Which Forum for Which Problem
- Landlord filed eviction papers against me: Housing Court (you are the respondent)
- I need my landlord to make repairs: Housing Court HP proceeding (you are the petitioner) or HPD complaint via 311
- Landlord illegally locked me out: Housing Court emergency lockout petition
- Landlord wrongfully kept my security deposit ($10,000 or less): Small Claims Court
- Landlord overcharged my stabilized rent: DHCR complaint (primary forum) and/or Housing Court counterclaim
- I want to challenge a DHCR decision I lost: Article 78 proceeding in Supreme Court
- Landlord damaged my property and owes me more than $10,000: NYC Civil Court
Frequently Asked Questions
Can I file the same case in both Housing Court and Small Claims Court?
Generally no — you cannot pursue the same claim in two courts simultaneously. If you have both a possession issue (landlord trying to evict you) and a money claim (security deposit), the money claim can often be raised as a counterclaim in the housing court case. Consult a legal aid attorney about how to coordinate related claims most effectively.
What if I file in the wrong court?
Your case may be dismissed for lack of jurisdiction, or the court may transfer it to the correct court. Filing in the wrong court wastes time and may cause you to miss deadlines. If you are unsure which court handles your matter, call Housing Court Answers at (212) 962-4795 or visit LawHelpNY.org.
Do I need a lawyer for all of these courts?
Small Claims Court is designed for self-represented parties. Housing Court HP proceedings and lockout petitions can also be navigated without a lawyer, though legal help improves outcomes. For Civil Court and Supreme Court matters, an attorney is strongly recommended. For housing court eviction defense, the Right to Counsel program provides free attorneys to income-eligible tenants.
