RPAPL 7 VOLUME 1

Question 1

701 Jurisdiction, courts, and venue

1. A proceeding to recover real property is a special proceeding, and may be maintained in following courts:
2. a ____________ court
3. court of a police justice of the village
4. a __________ court
5. a court of civil jurisdiction in a city
6. a ___________ court

Answer 1

County .. justice …… district

Question 2

701 Jurisdiction, courts, and venue

Place of trial shall be within the _________ of court in which real property or a portion of it is located.

Except that: if property is located in an incorporated village which includes parts of two or more towns, proceeding may be tried by a ____________ of any such town who keeps an office in the village.

Answer 2

jurisdictional area…. justice of the peace

Question 3

702 Rent in a residential dwelling

Rent is amount paid for use and occupancy pursuant to _________ or _______ agreement.

Answer 3

written or oral

Question 4

711 Grounds where landlord-tenant relationship exists.

An occupant of a rooming house or hotel is a tenant if the occupant has been a tenant for ______ or more consecutive days.
Occupant cannot be removed from possession except in a special proceeding.

Answer 4

30

Question 5

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

1. Tenant continues in possession after the __________ without landlord’s permission (or permission of new lessee entitled to possession).

• If landlord accepts rent in this situation, the acceptance does not terminate proceeding or effect any award of possession.
• In a proceeding to terminate lease based on a lease provision that tenant is deemed objectionable, the landlord must prove that the tenant is objectionable.

Answer 5

term expires

Question 6

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

2. Tenant has defaulted in paying rent AND

a) a demand for rent has been made, or
b) ________ day written notice requiring payment of rent or possession of premises has been served (no oral demand allowed).

• Landlord may waive right to proceed only by an express consent in writing.
• Such consent shall be revocable at will.
• Successor to landlord may proceed under this section if he has a right thereto.
• Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate.

Answer 6

14

Question 7

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

3. Tenant in a city has defaulted for _______ days in paying taxes or assessments as per agreement AND
4. a demand for rent has been made, or
5. ____ -day notice in writing requiring payment of interest and penalty thereon or possession of premises
   - Acceptance of any rent shall NOT be construed as waiver of agreement to pay taxes and assessments.

Answer 7

60…. 3

Question 8

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

4. Tenant under a lease of _________ or less takes benefit of _____________ statute or is adjudicated a bankrupt.

Answer 8

3 years………. insolvency

Question 9

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

5. Premises are used or occupied as:
6. a _________ house
7. place for _________ persons
8. place for ____________
9. place for any illegal trade or manufacture
10. other illegal purpose.

Answer 9

Bawdy……… lewd….. prostitution

Question 10

711 Grounds where landlord-tenant relationship exists.

6. Tenant in a city of over one million removes batteries or makes inoperable smoke or fire detector (provided that the court issues an order of violation and tenant does not comply within __________ days and also does not comply thereafter within an additional __________ days period to cure).

Answer 10

30…. 10

Question 11

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a ________ -day notice to quit has been served on the respondent upon any of the following grounds:

1. Property has been sold by virtue of an execution against him and title perfected.

Answer 11

10

Question 12

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

2. The agreed upon term to occupy and cultivate it for shares of ______ has expired.

Answer 12

crops

Question 13

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a _______ -day notice to quit has been served on the respondent upon any of the following grounds:

3. If the occupant is a squatter without permission or permission has been revoked and notice of revocation has been given to the person to be removed.

Answer 13

10

Question 14

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

4. Property has been sold or acquired for unpaid _______

Answer 14

taxes.

Question 15

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

5. Property has been sold in ________ and deed or certified copy of deed has been exhibited to the occupant.

Answer 15

foreclosure

Question 16

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a ______ -day notice to quit has been served on the respondent upon any of the following grounds:

6. Occupant is a tenant of a ____________ of property continuing in possession of property after termination of estate of life tenant without permission of person entitled to possession.

Answer 16

10…… life tenant

Question 17

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

7. Licensee whose license has expired or been revoked or whose licensor is no longer entitled to possession (Mortgagee or vendee is not a licensee as per this section).

Answer 17

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

7. Licensee whose license has expired or been revoked or whose licensor is no longer entitled to possession (Mortgagee or vendee is not a licensee as per this section).

Question 18

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

8. Owner of property who _____________ remains in possession without permission of purchaser.

Answer 18

sold property

Question 19

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

9. Vendee in possession defaults in contract performance agreed to be completed within _________ days after its execution.

Answer 19

90

Question 20

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained upon the following grounds:

10. Occupant entered or remains in property _________
    (Notice to quit shall not be required in order to maintain a proceeding under this section.)

Answer 20

10………. by force.

Question 21

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained upon the following grounds:

11. Person in possession entered into possession as an incident to _________ by petitioner and agreed time has expired or if no such time was agreed upon, employment was terminated.
    (Notice to quit shall not be required in order to maintain a proceeding under this section.)

Answer 21

employment