RPAPL 7 VOLUME 2

Question 1

713-a Special proceeding for termination of adult home and residence for adults, admission agreements

A landlord tenant relationship does not exist between the operator of an _________ or residence for adults and a resident thereof.

Answer 1

adult home

Question 2

715 Grounds and procedure where use and occupancy is illegal

(Illegal use of a premises includes using premises as a bawdy house, place for assignation for lewd persons, for purposes of prostitution, or for any illegal trade, business or manufacture.)

Answer 2

715 Grounds and procedure where use and occupancy is illegal

(Illegal use of a premises includes using premises as a bawdy house, place for assignation for lewd persons, for purposes of prostitution, or for any illegal trade, business or manufacture.)

Question 3

715 Grounds and procedure where use and occupancy is illegal

1. The following may bring a petition for removal based on illegal purposes use of a premises:

(1). owner or tenant of any premises within ______ feet of the subject premises.
(2). any domestic corporation organized for the suppression of vice which is subject to or submits to visitation by state department of social services and possesses certificate from the department
(3). any duly authorized enforcement agency of the state or subdivision of it under duty to enforce Penal Law, NYS law, ordinance, code, rule, or regulation relating to buildings.

• • Person or agency must serve personally upon the owner a written notice requiring the owner to make application within 5 days to remove the person(s) using or occupying premises for illegal purposes.
• • If the owner does not do so, then the person or agency may bring a proceeding under this article for such removal.
• • Both the person in possession of the property and the owner or landlord shall be made respondent in the proceeding.

Answer 3

200

Question 4

715 Grounds and procedure where use and occupancy is illegal

2. Two or more convictions of any person(s) within _________ of (________________ ) PL 230.00, 230.05, 230.20, 230.25, 230.30, or 230.40 shall be presumptive evidence of conduct constituting use of the premises for the purposes of prostitution.

Answer 4

one year………

Question 5

715 Grounds and procedure where use and occupancy is illegal

3. Two or more convictions of person(s) within one year of (_____________ ) PL 225.00, 225.05,225.10, 225.15, 225.20, 225.30, 225.32,225.35 or 225.40 shall be presumptive evidence of unlawful use and of landlord’s knowledge of same.

Answer 5

Gambling offenses

Question 6

715 Grounds and procedure where use and occupancy is illegal

4. If court grants a petition under this section for use and occupancy that is illegal, it may make an order:

(1). ordering respondent to pay civil penalties not exceeding ___________ to municipality, and
(2). payment of reasonable attorney’s fees and costs to petitioner
Multiple respondents shall be jointly and severally liable.
Amount ordered by court shall constitute a lien upon the subject realty.

Answer 6

$5,000.00

Question 7

715 Grounds and procedure where use and occupancy is illegal

5. An enforcement agency of the state may under this section:

• __________ witnesses
• compel their attendance
• examine them under ___
• require books, records, etc. to be turned over for inspection, examination or audit, as per CPLR.
• Failure to comply with a subpoena and its requirements is a _______________

Answer 7

Subpoena….. oath………. B misdemeanor.

Question 8

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

Enforcement agencies can require property owners to evict tenants who sell cannabis without a license.
If the property is not being used for any other licensed or lawful purpose, an enforcement agency can serve notice to the owner or landlord requiring them to apply for the tenant’s removal.
If the owner or landlord does not apply for removal within __________ or does not diligently prosecute the application, the enforcement agency can bring a proceeding to remove the tenant.
The enforcement agency can also bring a proceeding on its own initiative or upon referral from another agency.
The person in possession of the property, as well as any lessee or sublessee and the owner or landlord, will be respondents in the proceeding

Answer 8

five (5) days,

Question 9

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

A court, upon a finding of such violation may, in addition to any other order provided by law:

(a) grant a petition ordering the immediate removal of such tenant;
(b) impose and require the payment by any respondent who has been found to have knowingly permitted such a violation, a civil penalty not exceeding ____________ times the amount of rent charged for the duration of the violation;
(c) order the payment of reasonable attorneys fees and the costs of the proceeding to the petitioner; and
(d) order that any such multiple respondents shall be jointly and severally liable for any payment so ordered

Answer 9

three (3)

Question 10

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

Enforcement agencies may subpoena witnesses, compel attendance, examine them under oath, and require relevant documents for inspection in proceedings under this section.

Answer 10

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

Enforcement agencies may subpoena witnesses, compel attendance, examine them under oath, and require relevant documents for inspection in proceedings under this section.

Question 11

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

The use or occupancy of premises solely or primarily for the unlicensed retail sale of cannabis shall constitute an illegal trade, manufacture, or other business.

Answer 11

(BRAND NEW) (Bard) 715-A Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale

The use or occupancy of premises solely or primarily for the unlicensed retail sale of cannabis shall constitute an illegal trade, manufacture, or other business.

Question 12

721 Person who may maintain proceeding

1. landlord or lessor
2. reversioner or remainderman of a life estate where tenant holds over after termination of life estate
3. purchaser upon execution or foreclosure sale or purchaser on tax sale or any subsequent grantee, distributee, or devisee claiming title through purchaser.
4. person forcibly put out or kept out.
5. person with whom as owner, agreement was made, or owner of property occupied under agreement to cultivate property upon shares or for a share of the crops.
6. person lawfully entitled to possession of property intruded into or squatted upon.
7. person entitled to possession of property occupied by a licensee who may be dispossessed.
8. person, corporation or law enforcement agency authorized to proceed to remove persons using or occupying premises for illegal purposes.
9. receiver of a landlord, purchaser or other person so entitled to apply, when authorized by a court.
10. the lessee of premises, entitled to possession.
11. not-for-profit corporation and tenant association authorized by NYC to enforce residential housing maintenance code.

Answer 12

721 Person who may maintain proceeding
1. landlord or lessor
2. reversioner or remainderman (from the planet Rpapl!) of a life estate where tenant holds over after termination of life estate
3. purchaser upon execution or foreclosure sale or purchaser on tax sale or any subsequent grantee, distributee, or devisee claiming title through purchaser.
4. person forcibly put out or kept out.
5. person with whom as owner, agreement was made, or owner of property occupied under agreement to cultivate property upon shares or for a share of the crops.
6. person lawfully entitled to possession of property intruded into or squatted upon.
7. person entitled to possession of property occupied by a licensee who may be dispossessed.
8. person, corporation or law enforcement agency authorized to proceed to remove persons using or occupying premises for illegal purposes.
9. receiver of a landlord, purchaser or other person so entitled to apply, when authorized by a court.
10. the lessee of premises, entitled to possession.
11. not-for-profit corporation and tenant association authorized by NYC to enforce residential housing maintenance code.

Question 13

731 Commencement; notice of petition

1. Special proceeding is commenced by service of a petition and notice of petition.

Notice of petition may be issued only by:

JAC

It may NOT be issued by a _______ prosecuting the proceeding in person.

Answer 13

JUDGE, ATTORNEY, CLERK OF THE COURT

party

Question 14

731 Commencement; notice of petition

2. Except in a proceeding (RPAPL 732) for non-payment of rent, notice of petition shall:
3. specify the time and _________ of the hearing, and
4. state that if respondent shall fail to interpose and establish a defense, he may be precluded from asserting such defense or claim in any other proceeding or action.

Answer 14

Place

Question 15

731 Commencement; notice of petition

3. In New York City, if the petitioner wants to make an application under subdivision two of section 745 (adjournments), the notice of petition must inform the respondent of the requirements of that subdivision.

Answer 15

731 Commencement; notice of petition

3. In New York City, if the petitioner wants to make an application under subdivision two of section 745 (adjournments), the notice of petition must inform the respondent of the requirements of that subdivision.

Question 16

731 Commencement; notice of petition

4. In an action premised on a tenant defaulting in payment of rent, payment to landlord of full amount of rent due, when such payment is made at any time prior to hearing on petition, shall be accepted by landlord and renders moot grounds on which special proceeding was commenced.

i.e If an action is commenced for the non-payment of rent and the tenant pays the landlord rent, the action becomes moot.

Answer 16

731 Commencement; notice of petition

4. In an action premised on a tenant defaulting in payment of rent, payment to landlord of full amount of rent due, when such payment is made at any time prior to hearing on petition, shall be accepted by landlord and renders moot grounds on which special proceeding was commenced.

Question 17

732 Special provisions applicable in non-payment proceeding if the rules so provide

If appellate division rules so provide, in a non-payment proceeding:

1. The notice of petition shall be returnable before the clerk, and shall be made returnable within __________ days after its service.
2. If respondent answers, clerk shall:

(1). fix date for trial or hearing not less than _____ nor more than _______ days after joinder of issue, and

(2). shall notify by mail parties or their attorneys of such date.

If determination is for petitioner, issuance of warrant shall not be stayed more than ______ days from such determination.

3. If respondent fails to answer within ______ days from date of service, judge shall render judgment in favor of the petitioner and may stay issuance of warrant for a period not to exceed ______ days from date of service.
4. Notice of petition shall advise respondent of requirements of subdivision 1, 2 and 3, above.

Answer 17

ten…….. 3 ………. 8 ……. 5…… 10……. 10

Question 18

733 Time of service, and order to show cause

1. Except in a special proceeding relating to 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.
2. Court may grant order to show cause to be served in lieu of notice of petition. If special proceeding is based on the ground specified in 711c (expiration of term of lease) and the order to show cause is sought on day of expiration of the lease or the next day thereafter, the order to show cause may be served at a time specified therein which shall be at least ___________ before the hour at which the petition is to be heard.

Answer 18

10……17……….two (2) hours

Question 19

734 Notice of petition; service on the Westchester county department of social services

Service on the Westchester county department of social services:

If required by the local legislative body, the county commissioner of social services shall also be served with a copy of notice of petition at least __________ before return date of notice of petition, and proof of service shall be filed with court.

Answer 19

5 days

Question 20

735 Manner of service; filing; when service complete

Service of a copy of petition and notice of petition may be made by:

1. personal delivery to respondent
2. delivery and leaving with person of suitable age and discretion employed or residing at property (SAD),
3. OR IF ADMITTANCE CANNOT BE OBTAINED AND PERSON FOUND, by affixing a copy of the notice and petition upon property, or by placing a copy under the entrance door, AND mailing within ______ of such delivery or fixing by _______ OR __________ AND by regular first-class mail.

Answer 20

1 day ………. registered or certified mail

Question 21

735 Manner of service; filing; when service complete

If service is to a natural person:

1. at property sought to be recovered
2. However, IF property is not the residence of the person, at last residence to which the petitioner has written information OR if the petitioner does not have such written information, the place of business or employment of such person as to which petitioner has written information.

Answer 21

735 Manner of service; filing; when service complete

If service is to a natural person:

1. at property sought to be recovered
2. However, IF property is not the residence of the person, at last residence to which the petitioner has written information OR if the petitioner does not have such written information, the place of business or employment of such person as to which petitioner has written information.

Question 22

735 Manner of service; filing; when service complete

If service is to a corporation, joint stock, or other unincorporated association:
1. at property sought to be recovered.
2. However, IF principal office or place of business is not on property, at principal office or place of business for which petitioner has written information regarding location.
HOWEVER, if petitioner does not have such information, to any officer or place of business of respondent within the state for which petitioner has written information.

Answer 22

735 Manner of service; filing; when service complete

If service is to a corporation, joint stock, or other unincorporated association:
1. at property sought to be recovered.
2. However, IF principal office or place of business is not on property, at principal office or place of business for which petitioner has written information regarding location.
HOWEVER, if petitioner does not have such information, to any officer or place of business of respondent within the state for which petitioner has written information.

Question 23

735 Manner of service; filing; when service complete

Allegations regarding address information shall be set forth either in petition or in a separate ________ and filed as part of proof of service.

Answer 23

affidavit

Question 24

735 Manner of service; filing; when service complete

Notice of petition, order to show cause, and petition with proof of service shall be filed with clerk within _______ after:
1. personal delivery to respondent (service is complete upon such delivery) Or
2. mailing to respondent if not by personal delivery (service is complete upon filing proof of service)

Answer 24

3 days