RAPL Quiz

Question 1

1-RPAPL 701

A proceeding to recover real property is a _____ proceeding.

Answer 1

1-special proceeding

Question 2

2-RPAPL 701

Place of trial (RPAPL 7) shall be within _____.

Answer 2

-jurisdictional area of court in which real property or portion is located.

Question 3

4-PRAPL 711
An occupant in a rooming house or hotel is a tenant if occupant has been a tenant for ____ or
more consecutive days.

Answer 3

30

Question 4

5-RPAPL 713 (T/F)
A notice to quit shall be required in order to maintain a proceeding based on occupant
entering or remaining in property by force.

Answer 4

-false

Question 5

6-RPAPL 715 (T/F)
Multiple respondents in a proceeding to recover real property due to illegal use shall be
jointly and severally liable for any civil penalties, attorneys fees, and court ordered costs.

Answer 5

-false

Question 6

7-RPAPL 732-If appellate division rules so provide, in a non-payment proceeding, notice of
petition shall be returnable before the clerk within ____ days after its service.

Answer 6

7-10 days

Question 7

8-RPAPL 732
In a non-payment proceeding, if the respondent answers, the clerk shall fix date for trial or
hearing not less than ___ nor more than ____ days after joinder of issue.

Answer 7

-3……8

Question 8

9-RPAPL 732 (T/F)
In a non-payment proceeding, if the respondent answers, the clerk shall notify by mail the
parties or their attorneys.

Answer 8

-true

Question 9

10-RPAPL 745
Court can adjourn trial, but not more than \_\_\_\_ days, except by consent of all parties.
A-10
B-14
C-5
D-30

Answer 9

10-B

Question 10

11-RPAPL 749

Warrant shall be executed between the hours of ______.

Answer 10

sunrise and sunset

Question 11

12-RPAPL 751 (T/F)
Issuance of warrant and execution to collect costs may be stayed by depositing amounts due
plus penalties with the clerk of the court.

Answer 11

• true

Question 12

13-RPAPL 711
A special proceeding to recover real property where a defendant has defaulted in the

payment of rent may be maintained upon which of the following grounds?
1. tenant has defaulted and a demand for rent has been made
2. tenant has defaulted and 14 day written notice requiring payment of rent or possession of
premises has been served.
A. 1 only
B. 2 only
C. 1 and 2
D. neither 1 nor 2
C. both 1 and 2

Answer 12

-C. both 1 and 2

Question 13

14-RPAPL 735
If service is to a natural person in a non-payment proceeding, service must be made first at:
A. place of business of respondent
B. property sought to be recovered
C. place of business of petitioner
D. none of the above.

Answer 13

B

Question 14

15-RPAPL 749
Which is false? Upon rendering a final judgment for the petitioner, court shall issue a warrant
to:
A. petitioner
B. marshal of city where property is located
C. sheriff of county where property is located
D. constable of town in county (if property is not located in a city.)

Answer 14

A

Question 15

16-RPAPL 747 (T/F)

Generally, judgments do not need to be recorded or docketed in separate books.

Answer 15

true

Question 16

17-RPAPL 749

Evicting officer must give at least ____ days notice in writing to persons to be evicted.

Answer 16

14 DAYS

Question 17

18-RPAPL 715
Which is correct? An enforcement agency in a proceeding to recover real property because of
illegal use may:
1. subpoena witnesses and examine them under oath
2. require that books, records, etc be turned over for inspection
A. 1 only
B. 1 and 2
C. 2 only
D. neither 1 nor 2

Answer 17

B. 1 and 2

Question 18

19-RPAPL 733
Except in a special proceeding for non-payment of rent, notice of petition shall be served at
least \_\_\_ and not more than \_\_\_\_\_\_ days before the time at which petition is noticed to be
heard.
A. 10...... 17
B. 2 .......12
C. 7 .......12
D. 1........8

Answer 18

A. 10…..17

Question 19

20-RPAPL 741 (T/F)

Petition must be verified.

Answer 19

true