RPAPL 7 VOLUME 4

Question 1

751 Stay upon paying rent or giving undertaking; discretionary stay outside city of NY

Issuance of warrant and the execution to collect costs may be stayed by:

1. depositing rent due and taxes and assessments and interest and penalty with clerk of court (or court where no clerk office).
   Upon demand by petitioner, court shall pay the amount deposited to petitioner or agent, or delivery to court or clerk an undertaking in an amount approved by the court that he will pay the amount within 10 days. (If does not pay within _______ days, warrant may issue).

Answer 1

10

Question 2

751 Stay upon paying rent or giving undertaking; discretionary stay outside city of NY

Issuance of warrant and the execution to collect costs may be stayed by:

2. If a tenant has taken benefit of _______ statute or been adjudicated a bankrupt by paying costs of proceeding and delivery to court/clerk undertaking to pay rent due or becoming due.

Answer 2

insolvency

Question 3

751 Stay upon paying rent or giving undertaking; discretionary stay outside city of NY

Issuance of warrant and the execution to collect costs may be stayed by:

3. in the case where a person continues in possession of property sold by execution, by

• 1. paying costs of special proceeding
• 2. delivering to court or clerk an affidavit of right to possession of property and undertaking to petitioner in court approved amount that he will pay costs and damages in action to recover property within _______ thereafter and that he will not damage property during the occupation.

Answer 3

SIX (6) months

Question 4

S753 Stay in premises occupied for dwelling purposes

(Bard) 1. Occupants of dwellings, except those in hotels, lodging houses, or rooming houses, may, in good faith, may apply to stay issuance of a warrant and any execution to collect costs of proceeding for up to one year if they cannot find suitable alternative housing within the neighborhood after due and reasonable efforts and face extreme hardship, such as serious illness, exacerbation of an existing condition, child’s school enrollment, or other life circumstances.

• The court shall consider any substantial hardship stay may impose on the landlord in determining whether to grant stay or in setting length or other terms of stay.
• In an application brought outside a city of one million or more, term “neighborhood” shall be construed to mean
• (i) same town, village, or city where applicant now resides, or
• (ii) if applicant has school aged children residing with him or her, “neighborhood” shall mean school district where such children attend or are eligible to attend.

Answer 4

S753 Stay in premises occupied for dwelling purposes

(Bard) 1. Occupants of dwellings, except those in hotels, lodging houses, or rooming houses, may, in good faith, may apply to stay issuance of a warrant and any execution to collect costs of proceeding for up to one year if they cannot find suitable alternative housing within the neighborhood after due and reasonable efforts and face extreme hardship, such as serious illness, exacerbation of an existing condition, child’s school enrollment, or other life circumstances.
The court shall consider any substantial hardship stay may impose on the landlord in determining whether to grant stay or in setting length or other terms of stay.
In an application brought outside a city of one million or more, term “neighborhood” shall be construed to mean
(i) same town, village, or city where applicant now resides, or
(ii) if applicant has school aged children residing with him or her, “neighborhood” shall mean school district where such children attend or are eligible to attend.

Question 5

S753 Stay in premises occupied for dwelling purposes

2. (Bard) To receive a stay, the tenant must deposit the full amount of rent or installments at rate for which applicant was liable as rent for month immediately prior to expiration of applicant’s term or tenancy, plus any additional amount determined by the court, for the period of the stay. This deposit may also include all unpaid rent from prior period of stay.

• The amount of such deposit shall be determined by court upon application for stay and such determination shall be final and conclusive in respect to amount of such deposit, and amount thereof shall be paid into court, in such manner and in such installments, if any, as court may direct
• A separate account shall be kept of amount to credit of each proceeding, and all such payments shall be deposited in a bank or trust company and shall be subject to check of clerk of court, if there is one, or otherwise of court.
• The clerk of court, if there be one, and otherwise court shall pay to landlord or landlord’s duly authorized agent, amount of such deposit in accordance with terms of stay or further order of court.

Answer 5

S753 Stay in premises occupied for dwelling purposes

2. (Bard) To receive a stay, the tenant must deposit the full amount of rent or installments at rate for which applicant was liable as rent for month immediately prior to expiration of applicant’s term or tenancy, plus any additional amount determined by the court, for the period of the stay. This deposit may also include all unpaid rent from prior period of stay.
   The amount of such deposit shall be determined by court upon application for stay and such determination shall be final and conclusive in respect to amount of such deposit, and amount thereof shall be paid into court, in such manner and in such installments, if any, as court may direct
   A separate account shall be kept of amount to credit of each proceeding, and all such payments shall be deposited in a bank or trust company and shall be subject to check of clerk of court, if there is one, or otherwise of court.
   The clerk of court, if there be one, and otherwise court shall pay to landlord or landlord’s duly authorized agent, amount of such deposit in accordance with terms of stay or further order of court.

Question 6

S753 Stay in premises occupied for dwelling purposes

3. The provisions of this section shall not apply to a proceeding to recover possession upon ground that an occupant is holding over and is objectionable if landlord shall establish by competent evidence to satisfaction of court that such occupant is objectionable.

Answer 6

S753 Stay in premises occupied for dwelling purposes

3. The provisions of this section shall not apply to a proceeding to recover possession upon ground that an occupant is holding over and is objectionable if landlord shall establish by competent evidence to satisfaction of court that such occupant is objectionable.

Question 7

S753 Stay in premises occupied for dwelling purposes

4. In event that such proceeding is based upon a claim that tenant or lessee has breached a provision of lease, court shall grant a __________ stay of issuance of warrant, during which time respondent may correct such breach

Answer 7

thirty day

Question 8

S753 Stay in premises occupied for dwelling purposes

5. Any provision of a lease or other agreement whereby a lessee or tenant waives any provision of this section shall be deemed against public policy and void.

Answer 8

S753 Stay in premises occupied for dwelling purposes

5. Any provision of a lease or other agreement whereby a lessee or tenant waives any provision of this section shall be deemed against public policy and void.

Question 9

755 Stay of proceeding or action for rent upon failure to make repairs

Proof that the landlord has not complied with a municipal department order to make necessary repairs (constructive eviction) or upon other proper proof or is dangerous to health or life, the court before which a dispossess proceeding is pending may stay the proceeding for non-payment of rent or any action for rent or rental value.

Answer 9

755 Stay of proceeding or action for rent upon failure to make repairs

Proof that the landlord has not complied with a municipal department order to make necessary repairs (constructive eviction) or upon other proper proof or is dangerous to health or life, the court before which a dispossess proceeding is pending may stay the proceeding for non-payment of rent or any action for rent or rental value.

Question 10

755 Stay of proceeding or action for rent upon failure to make repairs

Landlord has burden of proof of disproving condition described in the notice or order.

Answer 10

755 Stay of proceeding or action for rent upon failure to make repairs

Landlord has burden of proof of disproving condition described in the notice or order.

Question 11

755 Stay of proceeding or action for rent upon failure to make repairs

Stay shall not be granted if condition was created by _____or _______ act of tenant or agent.

Answer 11

Willful or negligent

Question 12

755 Stay of proceeding or action for rent upon failure to make repairs

Vacating of stay shall not be made except on _______ notice of hearing to tenant and proof order was complied with.

Answer 12

3-day

Question 13

755 Stay of proceeding or action for rent upon failure to make repairs

Deposit of _____ is required for the court to issue stay.

Answer 13

rent

Question 14

755 Stay of proceeding or action for rent upon failure to make repairs

Stay may be vacated upon _______ -notice for failure to deposit with clerk rent within 5 days after it is due.

Answer 14

3 days

Question 15

755 Stay of proceeding or action for rent upon failure to make repairs

During stay, the court may release funds to pay building _______

Answer 15

expenses.

Question 16

755 Stay of proceeding or action for rent upon failure to make repairs

________ costs may be awarded to the opposing party for willful act causing condition complained about.

Answer 16

$25.00

Question 17

756 Stay of summary proceeding or actions for rent under certain conditions

If __________ are discontinued, any proceeding to dispossess a tenant or due to non-payment of rent shall be stayed until the landlord pays the utility bills and utilities are restored to working order.

Answer 17

utilities

Question 18

757 Eviction as a result of foreclosure

• In event that a lessee is removed from real property pursuant to this article, and leased real property was subject of a foreclosure proceeding pursuant to this chapter or subject of a tax foreclosure proceeding, court records relating to any such lessee shall be sealed and be deemed confidential.
• No disclosure or use of such information relating to any such lessee shall be authorized, and use of such information shall be prohibited.

Answer 18

757 Eviction as a result of foreclosure
In event that a lessee is removed from real property pursuant to this article, and leased real property was subject of a foreclosure proceeding pursuant to this chapter or subject of a tax foreclosure proceeding, court records relating to any such lessee shall be sealed and be deemed confidential.
No disclosure or use of such information relating to any such lessee shall be authorized, and use of such information shall be prohibited.

Question 19

761 Redemption by lessee
Unless waived by the terms of the lease or other instrument, and where the unexpired term of the lease is more than _____ years after the warrant is executed, the lessee, executor, administrator, or assignee may pay to petitioner, or deposit into court (if petitioner cannot be found) accumulated rent, costs, and charges.
Thereupon, person making payment is entitled to possession of premises according to terms of the original lease.

Answer 19

5

Question 20

763 Redemption by creditor of lessee

A judgment creditor of lessee in a case specified in section 761 (Redemption by lessee) may redeem at any time before one year after the execution of the warrant unless a redemption has been made as per 761.

Answer 20

763 Redemption by creditor of lessee
A judgment creditor of lessee in a case specified in section 761 may redeem at any time before one year after the execution of the warrant unless a redemption has been made as per 761.

Question 21

765 Effect of redemption upon lease
The redeemer is subject to a lease executed by petitioner since warrant was issued (lessee may hold premises until ________ of succeeding year).

Answer 21

May first

Question 22

767 Order of redemption, liability of persons redeeming

• An order to show cause for an order of redemption establishing the rights and liabilities of parties must be made returnable not less than 2 nor more than ________ days after it is granted.
• Costs and expenses must be paid by the petitioner.
• Judgment or certified copy may be recorded in like manner as a_____

Answer 22

10…. deed.

Question 23

768 Unlawful Eviction

1. (a) It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to 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:
   (i) using or threatening use of force to induce occupant to vacate dwelling unit, or
   (ii) engaging in a course of conduct which interferes with or is intended to interfere with or disturb comfort, repose, peace or quiet of such occupant in use or occupancy of dwelling unit, to induce occupant to vacate dwelling unit including, but not limited to, interruption or discontinuance of essential services, or
   (iii) engaging or threatening to engage in any other conduct which prevents or is intended to prevent such occupant from lawful occupancy of such dwelling unit or to induce occupant to vacate dwelling unit including, but not limited to, removing occupant’s possessions from dwelling unit, removing door at entrance to dwelling unit, removing, plugging, or otherwise rendering lock on such entrance door inoperable, or changing lock on such entrance door without supplying occupant with a key.

Answer 23

768 Unlawful Eviction

1. (a) It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to 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:
   (i) using or threatening use of force to induce occupant to vacate dwelling unit, or
   (ii) engaging in a course of conduct which interferes with or is intended to interfere with or disturb comfort, repose, peace or quiet of such occupant in use or occupancy of dwelling unit, to induce occupant to vacate dwelling unit including, but not limited to, interruption or discontinuance of essential services, or
   (iii) engaging or threatening to engage in any other conduct which prevents or is intended to prevent such occupant from lawful occupancy of such dwelling unit or to induce occupant to vacate dwelling unit including, but not limited to, removing occupant’s possessions from dwelling unit, removing door at entrance to dwelling unit, removing, plugging, or otherwise rendering lock on such entrance door inoperable, or changing lock on such entrance door without supplying occupant with a key.

Question 24

768 Unlawful Eviction

1.

(b) (bard) Property owners must take all necessary steps to restore occupancy to tenants who were forced to leave due to the owner’s actions or inactions.

This includes providing a suitable dwelling unit within the same building.

The owner is responsible for this action if they committed the unlawful acts, knew about them, or if the acts occurred within seven days before the tenant’s request.

Answer 24

768 Unlawful Eviction

1.

(b) 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 result of any of acts or omissions prescribed in paragraph (a) of this sub 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 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.

Question 25

768 Unlawful Eviction

2. Criminal and civil penalties,
   (a) Any person who intentionally violates or assists in violation of any of provisions of this section shall be guilty of a class ____________`
   Each such violation shall be a separate and distinct offense.
   (b) Such person shall also be subject to a civil penalty of not less than ________________________ for each violation.
   Each such violation shall be a separate and distinct offense.
   In case of a failure to take all reasonable and necessary action to restore an occupant pursuant to paragraph (b) of sub 1 of this section, such person shall be subject to an additional civil penalty of not more than $100 per day from date on which restoration to occupancy is requested until date on which restoration occurs, provided, however, that such period shall not exceed ___________ months.

Answer 25

one thousand ($1000) nor more than ten thousand ($10,000) dollarsA misdemeanor ……. 6