RPAPL Article 7: Recover Possesion Of Real Property Flashcards
A proceeding to recover real property is a __________ proceeding.
Special
RPAPL 701
Place of trial shall be within ___________
Jurisdictional area of court in which real property
RPAPL 701
An occupant in a rooming house or hotel is s tenant if occupant has been a tenant for _______ or more consecutive days
30
RPAPL 701
A proceeding to recover real property may be maintained if the tenant has defaulted in paying taxes or assessments as per agreement for _____ days
60
RPAPL 711
A proceeding to recover real property may be maintained if the tenant has defaulted in paying taxes or assessments as per agreement for _____ days
60
RPAPL 711
A proceeding to recover real property may be maintained if a tenant under a lease of ___ years or less has taken benefit of insolvency statute or has been adjudicated a bankrupt
3
RPAPL 711
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
False
RPAPL 713
An owner or tenant of any premises within ____ feet of the subject premises may bring a petition for removal based on illegal use of a premises
200
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
True
RPAPL 715
Civil penalties not exceeding ___ may be imposed by the court in a proceeding to recover real property because of illegal use
$5,000
RPAPL 715
Failure to comply with a subpoena issued by an enforcement agency in a proceeding to recover real property due to illegal use is a __________ misdemeanor
B
RPAPL 715
T/F? Except in a proceeding for non-payment of rent, a notice of petition shall specify the time and place of the hearing
True
RPAPL 731
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
5
RPAPL 732
If a non-payment proceeding, if the respondent answers, the clerk shall fix the date for trial or hearing not less than __ nor more than __ days after joinder of issue
3…8
RPAPL 732
T/F? In a non-payment proceeding, if the respondent answers, the clerk shall notify by mail the parties or their attorneys
True
RPAPL 732
In a non-payment proceeding, if determination is for petitioner, issuance of warrant shall not be stayed more than __ days from such determination
5
RPAPL
In a non-payment proceeding, if respondent fails to answer within __ days from date of service, judge shall render judgment in favor of the petitioner and may stay issuance for s period not to exceed ___ days from date of service
5…10
RPAPL 732
T/F? Petition must be verified
True
RPAPL 741
Respondent may answer orally or in writing at time petition is noticed to be heard (except in non-payment proceeding)
True
RPAPL 743
Court can adjourn trial, but not more than __ days, except by consent of all parties
10
RPAPL 745
In a forcible entry or forcible holding out, the court may award costs not to exceed _______ in addition to disbursements.
$50
RPAPL 745
T/F? Generally, judgments do not need to be recorded or docketed in separate books
True
RPAPL 745
Evicting officer must give at least ____ hours notice in writing to persons to be evicted
72
RPAPL 749
Warrant shall be executed between the hours of _____________.
Sunrise to sunset
RPAPL 749
T/F? Issuance of warrant and execution to collet costs may be stayed by depositing amounts due plus penalties with the clerk of the court
True
RPAPL 751
An order to show cause for an order of redemption must be made returnable not less than ___ nor more than ___ days after it is granted
2…10
RPAPL 767
Which of the following is false? A proceeding to recover real property may be maintained in
A. district court
B. a justice court
C. a court of a police justice of the village
D. a court of criminal jurisdiction in a city
D a court of criminal jurisdiction in a city
RPAPL 701
Generally, the place of trial in a case to recover real property shall be
A. county of residence of the plaintiff only
B. in jurisdictional area of court in which real property or portion is located
C. county of residence of defendant only
D. county of residence of plaintiff or defendant or county where real property is located
B. in jurisdictional area of court in which real property or portion is located
RPAPL 701
A special proceeding to recover real property where a defendant has defaulted in the payment of rent ay 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 3 day written notice requiring payment of rent or possession of premises has been served
A. 1
B. 2
C. both 1 and 2
D. neither 1 nor 2
C. both 1 and 2
RPAPL 711
Which of the following statements are 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
B. both 1 and 2
C. 2 only
D. neither 1 nor 2
B. both 1 and 2
RPAPL 715
Which of the following may not maintain a proceeding to recover real property?
A. landlord or lessor
B. person forcibly put out or kept out
C. the lessee of a premises, entitled to possession
D. person intruding in or squatting upon property
D. person intruding in or squatting upon property
RPAPL 721
Notice of petition in a proceeding to recover possession of real property may not issued by
A. attorney
B. judge
C. clerk of court
D. party prosecuting proceeding in person
D. party prosecuting proceeding in person
RPAPL 731
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. 5...12 B. 2...12 C. 7...12 D. 1...8
A. 5…12
RPAPL 733
When a service of a copy of petition and notice of petition is mad to a person of suitable age and discretion or by affixing to door, mailing must be done within \_\_ of such delivery or fixing by registered or certified mail and by regular first class mail A. 1 day B. 2 days C. 3 days D. 72 hours
A. 1 day
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 petition D. none of the above
B. property sought to be recovered
RPAPL 735
Notice of petition or order to show cause and petition with proof of service shall be filed with clerk within \_\_\_\_ days after personal delivery to respondent or mailing to respondent if service was not by personal delivery A. 1 B. 2 C. 3 D. 4
C. 3
RPAPL 735
If notice of petition is served at least \_\_\_ days before hiring and it so demands, answer shall be made at least \_\_\_\_ days before the hearing A. 12...5 B. 8...1 C. 13...8 D. 8...3
D. 8…3
RPAPL 743
Which of the following is false? Upon rendering a final judgment for petitioner, court shall issue a warrant to
A. the 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)
A. the petitioner
RPAPL 749
Which of the following is correct? A judgment
1. shall award costs to the successful party
2. shall not bar action to recover possession of the real property
A. 1
B. 2
C. both are correct
D. neither are correct
C. both are correct
RPAPL 747
Court may stay issuance of warrant and execution in a holdover proceeding
1. outside NYC, for a maximum of 4 months
2. within NYC, for a maximum of 6 months
A. Both are correct
B. Neither are correct
C. 1
D. 2
A. Both are correct
RPAPL 751-75
