RPAPL: Article 7

Question 1

A proceeding to cover real property is a _______ proceeding.

Answer 1

Special proceeding

Question 2

Place of trial shall be within ___________.

Answer 2

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

Question 3

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

T/F? A notice to quit shall be required in order to maintain a proceeding based on occupant entering or remaining property by force.

Answer 4

False

Question 5

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, attorney fees, and court ordered costs.

Answer 5

True

Question 6

If appellete 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

10 days

Question 7

In a non-payment proceeding, if the respondent answers, the court shall fix date for trial or hearing not less than nor more than ______ days after joinder of issue.

Answer 7

3 no more than 8

Question 8

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

Court can adjourn trial, but not more than ______ days, except by consent of all parties.

Answer 9

14 days

Question 10

Warrant shall be executed between the hours of _________.

Answer 10

Sunrise and sunset

Question 11

T/F? Issuance of warrant and execution to collect costs may be stayed by depositing amount due plus penalties with the clerk of the court.

Answer 11

True

Question 12

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 days written notice requiring payment of rent or possession of premises has been served.

A) 1 only B) 2 only
C) 1and 2 D) neither 1 nor 2

Answer 12

C) 1and 2

Question 13

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. Place of business of petitioner
C. Property sought to be recovered
D. None of the above

Answer 13

B) place of business of petitioner

Question 14

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 located
C) sheriff of County where property is located
D) constable of town and county (if property is not located in a city)

Answer 14

A) petitioner

Question 15

Evicting Officer must give at least _____ days notice and writing to person to be evicted.

Answer 15

14 days

Question 16

Which is correct? An Enforcement agency in a proceeding to recover real property because of a legal use may:

1. Subpoena witnesses and examine them under oath.
2. Require the books, records, etc be turned over for inspection

A) 1 only B)1 and 2
C) 2 only D) neither 1 nor 2

Answer 16

B) 1 and 2

Question 17

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 17

A) 10; 17

Question 18

T/F? Petition must be verified.

Answer 18

True