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CPLR > RPAPL Article 7: Recover Possesion Of Real Property > Flashcards

RPAPL Article 7: Recover Possesion Of Real Property Flashcards

1
Q

A proceeding to recover real property is a __________ proceeding.

A

Special

RPAPL 701

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2
Q

Place of trial shall be within ___________

A

Jurisdictional area of court in which real property

RPAPL 701

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3
Q

An occupant in a rooming house or hotel is s tenant if occupant has been a tenant for _______ or more consecutive days

A

30

RPAPL 701

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4
Q

A proceeding to recover real property may be maintained if the tenant has defaulted in paying taxes or assessments as per agreement for _____ days

A

60

RPAPL 711

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5
Q

A proceeding to recover real property may be maintained if the tenant has defaulted in paying taxes or assessments as per agreement for _____ days

A

60

RPAPL 711

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6
Q

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

A

3

RPAPL 711

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7
Q

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

A

False

RPAPL 713

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8
Q

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

A

200

RPAPL 715

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9
Q

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

A

True

RPAPL 715

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10
Q

Civil penalties not exceeding ___ may be imposed by the court in a proceeding to recover real property because of illegal use

A

$5,000

RPAPL 715

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11
Q

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

A

B

RPAPL 715

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12
Q

T/F? Except in a proceeding for non-payment of rent, a notice of petition shall specify the time and place of the hearing

A

True

RPAPL 731

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13
Q

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

A

5

RPAPL 732

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14
Q

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

A

3…8

RPAPL 732

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15
Q

T/F? In a non-payment proceeding, if the respondent answers, the clerk shall notify by mail the parties or their attorneys

A

True

RPAPL 732

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16
Q

In a non-payment proceeding, if determination is for petitioner, issuance of warrant shall not be stayed more than __ days from such determination

A

5

RPAPL

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17
Q

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

A

5…10

RPAPL 732

18
Q

T/F? Petition must be verified

A

True

RPAPL 741

19
Q

Respondent may answer orally or in writing at time petition is noticed to be heard (except in non-payment proceeding)

A

True

RPAPL 743

20
Q

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

A

10

RPAPL 745

21
Q

In a forcible entry or forcible holding out, the court may award costs not to exceed _______ in addition to disbursements.

A

$50

RPAPL 745

22
Q

T/F? Generally, judgments do not need to be recorded or docketed in separate books

A

True

RPAPL 745

23
Q

Evicting officer must give at least ____ hours notice in writing to persons to be evicted

A

72

RPAPL 749

24
Q

Warrant shall be executed between the hours of _____________.

A

Sunrise to sunset

RPAPL 749

25
Q

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

A

True

RPAPL 751

26
Q

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

A

2…10

RPAPL 767

27
Q

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

A

D a court of criminal jurisdiction in a city

RPAPL 701

28
Q

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

A

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

RPAPL 701

29
Q

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

A

C. both 1 and 2

RPAPL 711

30
Q

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

A

B. both 1 and 2

RPAPL 715

31
Q

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

A

D. person intruding in or squatting upon property

RPAPL 721

32
Q

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

A

D. party prosecuting proceeding in person

RPAPL 731

33
Q 
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

A. 5…12

RPAPL 733

34
Q 
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

A. 1 day

RPAPL 735

35
Q 
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
A

B. property sought to be recovered

RPAPL 735

36
Q 
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
A

C. 3

RPAPL 735

37
Q 
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
A

D. 8…3

RPAPL 743

38
Q

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

A. the petitioner

RPAPL 749

39
Q

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

A

C. both are correct

RPAPL 747

40
Q

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

A. Both are correct

RPAPL 751-75

CPLR (33 decks)

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