can I bring non-NY landlord to small claims court?

Um, isn't landlording a business he's doing in NY?

That's exactly my question. I would think so but I'm not a lawyer/never had to deal with this before.

Try it and find out. Go to the Department of State's website and find out whether the landlord has a NY address or not, or a NY agent, or use the Dept. of State for substitute service. First, though, check your lease to see if it mandates arbitration, or gives a venue for litigation.

The rules are also different for natural and legal persons. You'll need to find that out, as well.

Sorry Nathanielatetheapple, I misunderstood your question ... I thought you meant that your LL rents an apartment from someone else in NY (while owning your whole building in NY).

Don't be sorry. To be clear - it's a co-op apartment that he rents. I think he may have 1 or 2 others, but it's not like he owns the building or anything. Thanks to all for your help.

since he is your landlord is it not a housing court issue?

I would assume that if he is declaring his income it is NY income which makes it NY courts, but i do not know if small claims is the court you are looking for.

I'm not a lawyer, but I've used Small Claims Court.

The answer as best I know is yes, simply because the landlord has assets within NYC.

You should go to the Small Claims Clerk's office downtown - just google for the address. Bring with you the exact name and address of your landlord as written on your lease, and if you can get it the name and address where the co-op shares are registered, and also know the address of your apartment. The reason for all 3 is because I don't know which exact ones will need to go on to the lawsuit.

But when you go there, explain the situation (not the case) to the clerk and the clerk will guide you which detail to put on the suit. Other than that, filing is rather easy. Two additional things, bring some exact change not just $20s (so have a couple $5s) and be prepared that they give you the date of the appearance and you don't have any other options. If you want, you can try to get the clerk on the phone the morning you are going and ask what day is being given out for appearances, and if that day doesn't work, do the same thing the next day. It is not easy to get the clerk on the phone - be forewarned, but don't abuse it when you call and try to get the answer to the bigger issue on the telephone.

Now, it's worth asking, if this is your current landlord, is a lawsuit really going to be your best resolution?