RPAPL NUMBER BLAST

Question 1

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

2. Tenant has defaulted in paying rent AND

a) a demand for rent has been made, or
b) ________ day written notice requiring payment of rent or possession of premises has been served (no oral demand allowed).

• Landlord may waive right to proceed only by an express consent in writing.
• Such consent shall be revocable at will.
• Successor to landlord may proceed under this section if he has a right thereto.
• Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate.

Answer 1

14

Question 2

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

3. Tenant in a city has defaulted for _______ days in paying taxes or assessments as per agreement AND
4. a demand for rent has been made, or
5. ____ -day notice in writing requiring payment of interest and penalty thereon or possession of premises
   - Acceptance of any rent shall NOT be construed as waiver of agreement to pay taxes and assessments.

Answer 2

60…. 3

Question 3

711 Grounds where landlord-tenant relationship exists.

A special proceeding may be maintained upon the following grounds:

4. Tenant under a lease of _________ or less takes benefit of _____________ statute or is adjudicated a bankrupt.

Answer 3

3 years………. insolvency

Question 4

711 Grounds where landlord-tenant relationship exists.

6. Tenant in a city of over one million removes batteries or makes inoperable smoke or fire detector (provided that the court issues an order of violation and tenant does not comply within __________ days and also does not comply thereafter within an additional __________ days period to cure).

Answer 4

30…. 10

Question 5

713 Grounds where NO landlord-tenant relationship exists

A special proceeding may be maintained after a 10-day notice to quit has been served on the respondent upon any of the following grounds:

9. Vendee in possession defaults in contract performance agreed to be completed within _________ days after its execution.

Answer 5

90

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

(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 7

five (5) days,

Question 8

(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 8

three (3)

Question 9

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 9

ten…….. 3 ………. 8 ……. 5…… 10……. 10

Question 10

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 10

10……17……….two (2) hours

Question 11

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 11

3 days

Question 12

745 Trial

1. Party can demand trial by jury at time the petition is noticed to be heard.

• Court may adjourn the trial for not less than _________ , except by consent of all parties.
• In general, if respondent fails to comply with the court’s deposit direction, court upon application by petitioner shall dismiss without prejudice respondent’s defenses and counterclaim and shall order an immediate trial.

Answer 12

14 days

Question 13

745 Trial

In New York City:

a) upon ____________ adjournments, at request of respondent, or upon ____________ day after the first appearance of parties in court (less adjournments granted at request of petitioner) whichever is sooner, court shall order upon request of petitioner that respondent deposit rent or use and occupancy from date of service of petition and notice of petition, unless:
1. petitioner is not a proper party as per RPAPL 721, or
2. there has been actual, partial, or _________ and occupant has quit the premises, or
3. there is defense 143-b of social services law, or
4. a defense based upon the existence of hazardous or immediately hazardous violations of the housing maintenance code in the subject apartment or common areas; or
5. a colorable defense of rent ____________ ; or
6. a defense that the unit is in violation of the building’s
certificate of occupancy or is otherwise illegal under the multiple
dwelling law or the New York city housing maintenance code; or
7. the court lacks _____________ over the respondent.

Answer 13

second of 2 …sixtieth…. constructive eviction… overcharge….. personal jurisdiction

Question 14

747 Judgment

Judgment shall NOT:

1. bar action to recover possession of real property
2. bar action, proceeding or counterclaim within ______ of entry of judgment for equitable relief not sought by counterclaim in the proceeding because of limited jurisdiction of the court.
3. In forcible entry or forcible holding out, court may award costs not exceeding _____ in addition to disbursements.
4. Unless a court rule otherwise provides, judgments do not need to be recorded or docketed in books, if separately maintained, in which are docketed money judgments in an action.

Answer 14

60 days…… $50

Question 15

749 Warrant

2.

(a) The officer to whom warrant is directed and delivered shall give at least ________ notice, in writing and in manner prescribed in this article for service of a notice of petition, to person or persons to be evicted or dispossessed and shall execute warrant on a business day between hours of sunrise and sunset.

Answer 15

14 days’

Question 16

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 16

10

Question 17

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 17

thirty day

Question 18

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 18

3-day

Question 19

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 19

3 days

Question 20

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 20

$25.00

Question 21

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 21

5

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

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 23

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