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NY BAR REVIEW > NY BAR REVIEW REAL PROPERTY LAW COURSE > Flashcards

NY BAR REVIEW REAL PROPERTY LAW COURSE Flashcards

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1
Q

specific provisions re real property leases are contained in which provision?

A

REAL PROPERTY LAW art 7

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2
Q

is a lease for longer period than one year valid without a writing?

A

NO. VOID, unless in writing + subscribed by the party to be charged or their lawful agent

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3
Q

is a lease for a period of one year or less valid without a writing?

A

YES. may be oral.

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4
Q

what are the criteria for a written residential lease?

A

written in a clear and coherent manner, using words with common and everyday meanings, appropriately divided and captioned in its sections

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5
Q

can a lease either prohibit occupancy by dependent children of tenant or tenant’s spouse or contain a clause requiring tenants to remain childless?

A

NO

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6
Q

types of tenancies in NY are the same as in common law, and they are: ____________

A

tenancy for years.
periodic; month to month; year to year.
tenancy at will.
tenancy at sufferance

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7
Q

may a tenant assign a residential lease in a dwelling with less than four residential units, without consent of landlord?

A

NO

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8
Q

a landlord in a dwelling having less than four residential units, whose tenant assigns the lease, may unconditionally without consent to the assignment with or without cause?

A

WITHOUT

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9
Q

should a landlord unreasonably withhold consent to assign a residential lease in a dwelling having less than four residential units, what must be done?

A

landlord MUST release the tenant from the lease if tenant has so requested upon 30 days’ notice

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10
Q

in a residential lease in a dwelling having four or more residential units, does a tenant have a right to sublease?

A

YES, providing complies with notice provisions in the statute subject to written consent of landlord, which consent may NOT be unreasonably withheld

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11
Q

re sublease provisions, does the same apply to public housing and/or rent stabilized properties and cooperatives?

A

NO, different rules may apply

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12
Q

which warranty is every written or oral lease for residential property deemed to contain?

A

WARRANTY OF HABITABILITY

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13
Q

what is provided in the warranty of habitability?

A

landlord deems to warrant that leased premises are fit for human habitation and for uses reasonably intended by parties and occupants of such premises shallnt be subjected to any conditions which would be dangerous, hazardous, detrimental to life, health, safety.

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14
Q

agreement by tenant waiving of modifying their rights under statute re warranty of habitability is valid?

A

NO. its VOID, as it is contrary to public policy

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15
Q

if a lease term is longer than 1 month, tenant’s holding over gives the landlord option to hold tenant to new term equal to term of lease?

A

NO

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16
Q

what are the landlord’s options if if a lease term is longer than 1 month, and tenant’s holding over?

A
  1. may proceed to remove tenant as permitted by law

2. if landlord accepts rent for any period subsequent to lease expiring, month-to-month tenancy is created

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17
Q

IN NYC, can a tenant be removed on grounds of holding over?

A

NO, unless at least 30 days prior to term expiration, landlord served notice in writing in same manner as notice of petition in summary proceedings, which landlord elects to terminate tenancy

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18
Q

outside NYC, can a tenant be removed on grounds of holding over?

A

landlord or tenant may terminate by notifying the other at least one month before expiration of term

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19
Q

on what basis may a landlord have right to commence special proceeding to recover possession of property?

A

ANY breach of the lease by tenant

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20
Q

does a landlord have a duty to mitigate damages by re-letting property a tenant abandoned lease on?

A

NO

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21
Q

if a residential lease provides that in any action or summary proceeding landlord may recover legal fees from tenant if successful, what does this imply?

A

that there’s a covenant to pay legal fees incurred by tenant, also, if had a successful defense

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22
Q

security deposit by tenant provisions

A
  1. held by landlord in trust.
  2. may NOT be commingled with landlord’s personal moneys.
  3. are NOT an asset of the landlord.
  4. if landlord deposits in a bank, must notify tenant of all appropriate info.
  5. if deposit is in an interest bearing account, landlord may retain 1% for expenses and the balance held for / paid to tenant
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23
Q

if a rental is in a building containing 6 or more family dwelling units, where MUST landlord deposit the tenants’ security?

A

in an interest bearing account

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24
Q

if title to leased property is transferred to new owner, what MUST landlord do with tenants’ deposits?

A

transfer the deposits to new owner

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25
Q

any contract for sale of real property has to be what?

A

in writing, signed by party to be charged or their lawful agent

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26
Q

must a land purchase option be in writing, signed by party to be charged or their lawful agent?

A

YES, as it constitutes the creation or grant of an interest in real property, and thus falls within NY STATUTE OF FRAUDS

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27
Q

what is the doctrine of caveat emptor?

A

it traditionally imposes NO duty for a vendor to disclose any info concerning property, with some legal and equitable exceptions

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28
Q

what is the property condition disclosure sttmt?

A

every seller of real property improved by 1-4 family dwelling used as residence of 1/more persons pursuant to contract MUST deliver that required disclosure sttmt to buyer or their agent prior to them signing a binding contract

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29
Q

if seller fails to deliver property condition disclosure sttmt, what happens?

A

buyer at closing receives $500 credit against purchase price

30
Q

what is the housing merchant implied warranty?

A

it is implied in any sale by a builder of a new home.

among other provisions, it provides that 6 years from and after closing date, home is free from material defects

31
Q

what if seller’s conduct, more than mere silence, rises to level of active concealment, what happens?

A

seller may have duty to disclose info concerning the property

32
Q

according to the risk of loss in the UNIFORM VENDOR AND PURCHASER RISK ACT, if neither legal title nor possession was transferred to buyer + if all or material part of property is destroyed w/o fault of buyer or taken by eminent domain, then seller?

A

CANNOT enforce contract and buyer is entitled to recover any portion of price paid.

33
Q

according to the risk of loss in the UNIFORM VENDOR AND PURCHASER RISK ACT, if neither legal title nor possession was transferred to buyer, and if only immaterial part of property is destroyed or taken, then?

A

neither party is deprived of right to enforce contract.

there WILL be an ABATEMENT of purchase price.

34
Q

according to the risk of loss in the UNIFORM VENDOR AND PURCHASER RISK ACT, if legal title or possession was transferred to buyer,then buyer?

A

bears loss

35
Q

according to lien theory in mortgages, what does a mortgage create?

A

a lien on the property

36
Q

is a mortgage a transfer of title?

A

NO

37
Q

the mortgage always follows the ________

A

note

38
Q

is an assignment of a mortgage valid without the note?

A

NO. it is VOID.

39
Q

will an assignment of the note transfer the mortgage even if assignment is silent as to mortgage?

A

YES

40
Q

default of mortgagor -

in a legal action by a mortgagee on the note, what must the execution of judgment obtained in the action specify?

A

that NO part of the mortgaged property may be levied upon or sold thereunder

41
Q

default of mortgagor -

the mortgagee may/may not? bring a foreclosure action until execution has been returned wholly or partly unsatisfied

A

NOT

42
Q

default of mortgagor -

a mortgagee may bring an equitable action for?

A

foreclosure and sale

43
Q

default of mortgagor -

mortgagee may/may not? bring a separate action on debt w/o leave of court?

A

NOT

44
Q

when must assignee of mortgage allege and prove ownership of note?

A

at time action is commenced

45
Q

in residential foreclosure notices, what must be served?

A
  1. summons
  2. notice
  3. additional statutory notices which must be delivered to mortgagor and to any tenant of a dwelling unit in property explaining in detail the significance of the action to them.
46
Q

if the mortgage is a high cost, subprime or non traditional home loan, what notice must be given pror to commencement of residential foreclosure?

A
  1. summons
  2. notice
  3. additional statutory notices which must be delivered to mortgagor and to any tenant of a dwelling unit in property explaining in detail the significance of the action to them.
  4. an additional notice that is to be given at least 90 days prior to commencement
47
Q

what is the right to redeem?

A

mortgagor has this right by paying into court the full amount due and the costs of action until foreclosure sale takes place.

48
Q

is there a right to redeem after the sale?

A

NO

49
Q

when may the plaintiff move for leave to enter a deficiency judgment?

A

with a motion to confirm the sale, if made w/in 90 days of delivery of deed to purchaser at sale

50
Q

how to calculate deficiency judgment amount?

A 
the sum of judgment with interest 
\+ all prior liens and encumbrances with interest
 - greater of 
court-determined market value or
foreclosure sale price
51
Q

how is a joint tenancy created

A

by a deed in which one/ more of grantees is also a grantor even though unities of time and title are technically not satisfied

52
Q

is a joint tenancy created in a disposition to persons not legally married to eachother but described as husband and wife?

A

YES, unless expressly declared to be a tenancy in common

53
Q

what type of tenancy is created in a disposition of real property to married persons?

A

tenancy by the entirety

54
Q

what is a tenancy by the entirety?

A

one party may convey / mortgage their interest, but grantee or mortgagee/ or purchaser at foreclosure sale, takes SUBJECT TO right of survivorship of other party.

55
Q

what happens if a tenancy by the entirety is terminated by divorce?

A

interest of grantee / purchaser at foreclosure sale is that of a tenant in common

56
Q

what is the statutory period for adverse possession

A

10 years

57
Q

what is the statutory period for easement by prescription?

A

10 years

58
Q

presumption of occupancy by a cotenant terminates after how long?

A

10 years of exclusive occupancy by the other cotenant, who thus may acquire title by adversely possessing for 20 years

59
Q

what is a claim of right - from year 2008 and on?

A

reasonable basis for belief that property belongs to claimant

60
Q

is claim of right required if ownership cannot be ascertained from the records - from year 2008 and on?

A

NO

61
Q

which encroachments across the boundary line of an adjoining owner are deemed to be permissive and non adverse - from year 2008 and on?

A

de minimis and non-structural ones.

includes fence, hedge, shrubbery, planting, shed, non-structural wall, lawn mowing / other acts of maintenance

62
Q

any adverse claim that vested before the 2008 statute is affected or not by it?

A

NOT

63
Q

what type of notice jurisdiction are we in?

A

race notice

64
Q

what is a race notice jurisdiction?

A

an unrecorded conveyance is invalid against a subsequent purchaser for value who first records w/o knowledge of any prior unrecorded instruments

65
Q

is a mortgage a lien or a transfer of title?

A

a lien

66
Q

for purpose of recording act, what is a mortgage?

A

a conveyance

67
Q

are judgement protected by a recording act?

A

NO

68
Q

a mortgage prior in time to judgment retains or doesnt retain priority even if unrecorded?

A

RETAINS

69
Q

what must owner of burdened property have for a restrictive covenant to be enforced?

A

actual or constructive notice of the covenant

70
Q

constructive notice will be provided by a recorded deed only if_______?

A

deed is in direct chain of title of burdened property

71
Q

is a deed from a prior owner of the burdened property to a different person for another lot in the direct chain of title of the burdened property?

A

NO, even if deed was recorded prior to deed for burdened property and other lot is an adjoining lot in same tract as burdened property.

NY BAR REVIEW (123 decks)

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