RAPL Flashcards
Sec. 711. GROUNDS WHERE LANDLORD-TENANT RELATIONSHIP EXISTS. A tenant shall include: An occupant of one or more rooms in a rooming house or a resident, not including a transient occupant, of one or more rooms in a hotel who has been in possession for _____ consecutive days or longer; he shall not be removed from possession except in a special proceeding.
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A special proceeding may be maintained under Art 7 upon the following grounds:
- The tenant has defaulted in the payment of rent, and a demand of the rent has been made, or at least _____ days’ notice in writing requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him.
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A special proceeding may be maintained under Art 7 upon the following grounds:
- The tenant, in a city defaults in the payment, for _____ days of any taxes or assessments levied on the premises which he has agreed in writing to pay pursuant to the agreement and a demand for payment has been made, or at least _ days’ notice in writing, requiring in the alternative the payment and of any interest and penalties, or the possession of the premises, has been served upon him.
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Sec. 713. GROUNDS WHERE NO LANDLORD-TENANT RELATIONSHIP EXISTS A special proceeding may be maintained under this article after____ day notice to quit has been served upon the respondent
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Sec. 715. GROUNDS AND PROCEDURE WHERE USE OF OCCUPANCY IS ILLEGAL WHO MAY BRING A PETITION FOR REMOVAL BASED ON ILLEGAL PURPOSES USE OF A PREMISES?
1. Owner or tenant, including a tenant of one or more rooms of an apartment house, tenement house or multiple dwelling of any premises within _____ feet of the premises in question (where the illegal activity such as prostitution or illegal business transactions).
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Sec. 715. GROUNDS AND PROCEDURE WHERE USE OF OCCUPANCY IS ILLEGAL WHO MAY BRING A PETITION FOR REMOVAL BASED ON ILLEGAL PURPOSES USE OF A PREMISES?
- A court granting a petition under this section may:
(a) in addition to any other order provided by law, order the respondent to pay civil penalties not to exceed $___,000.00. Such payment shall be made to the municipality where such premises are located.
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Sec. 715. GROUNDS AND PROCEDURE WHERE USE OF OCCUPANCY IS ILLEGAL WHO MAY BRING A PETITION FOR REMOVAL BASED ON ILLEGAL PURPOSES USE OF A PREMISES?
Failure to obey a subpoena or any of its requirements is considered a class ____________
B misdemeanor.
Sec. 731. COMMENCEMENT; NOTICE OF PETITION. (HOLDOVER)
1. This is a special proceeding, therefore, it shall be commenced by the filing of a petition and a notice of petition. A notice of petition may be issued only by an attorney, judge or the clerk of the court.
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Sec. 749. WARRANT.
___- days notice, executed between _______ and ________
14, sunrise and sunset
Sec. 734. NOTICE OF PETITION; SERVICE ON THE WESTCHESTER COUNTY DEPARTMENT OF SOCIAL SERVICES.
Westchester county =
5 days
Sec. 743. ANSWER.
8-3-1
Sec. 761. REDEMPTION BY LESSEE.
May 1
1
Sec. 768. UNLAWFUL EVICTION
It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for 30 consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental vacate order by:
- using or threatening the use of force to induce the occupant to vacate the dwelling unit
- engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce the occupant to vacate the dwelling unit including, but not limited to, the interruption or discontinuance of essential services; or
3. engaging or threatening to engage in any other conduct which prevents or is intended to prevent such occupant from the lawful occupancy of such dwelling unit or to induce the occupant to vacate the dwelling unit (i.e. removing the occupant's possessions from the dwelling unit, removing the door at the entrance to the dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable, or changing the lock on such entrance door without supplying the occupant with a key.) Any person who intentionally violates or assists in the violation of any of the provisions of this section shall be guilty of a class A misdemeanor. Such person shall also be subject to a civil penalty of not less than $1,000 nor more than $10,000 for each violation. It shall be unlawful for an owner of a dwelling unit to fail to take all reasonable and necessary action to restore to occupancy an occupant of a dwelling unit who either vacates, has been removed from or is otherwise prevented from occupying a dwelling unit as the result of any of the acts or omissions prescribed above and to provide to such occupant a dwelling unit within such dwelling suitable for occupancy, after being requested to do so by such occupant or the representative of such occupant, if such owner either committed such unlawful acts or omissions or knew or had reason to know of such unlawful acts or omissions, or if such acts or omissions occurred within 7 days prior to such request. In the case of a failure to take all reasonable and necessary action to restore an occupant pursuant to the above, such person shall be subject to an additional civil penalty of not more than $100 per day from the date on which restoration to occupancy is requested until the date on which restoration occurs, provided, however, that such period shall not exceed 6 months.
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