RPAPL Quiz Article 7

Question 1

A proceeding to recover real property is a _____ proceeding

Answer 1

Special Proceeding

-RPAPL 701

Question 2

Place of trial (RPAPL 7) shall be within _____

Answer 2

jurisdictional area of court in which real property or portion is located
-RPAPL 701

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

-RPAPL 701

Question 4

(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.

Answer 4

False

RPAPL 713

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, attorneys fees, and court ordered costs.

Answer 5

True

RPAPL 715

Question 6

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.

Answer 6

10 Days

RPAPL 732

Question 7

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

Answer 7

3 —- 8

-RPAPL 732

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

RPAPL 732

Question 9

Court can adjourn trial, but not more than \_\_\_\_ days, except by consent of all parties.
A-10
B-14
C-5
D-30

Answer 9

B. 14 Days

-RPAPL 745

Question 10

Warrant shall be executed between the hours of ______.

Answer 10

sunrise and sunset

-RPAPL 749

Question 11

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

Answer 11

True

RPAPL 751

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 3 day written notice requiring payment of rent or possession of premises has been served.
A. 1 only
B. 2 only
C. Both 1 and 2
D. neither 1 nor 2

Answer 12

C. Both 1 & 2

RPAPL 7

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. property sought to be recovered
C. place of business of petitioner
D. none of the above.

Answer 13

B

-RPAPL 7

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

Answer 14

A

RPAPL 7

Question 15

(T/F)

Generally, judgments do not need to be recorded or docketed in separate books.

Answer 15

True

RPAPL 745

Question 16

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

Answer 16

14 Days

RPAPL 749

Question 17

Which is 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 only
B. 1 and 2
C. 2 only
D. neither 1 nor 2

Answer 17

B. 1& 2

RPAPL 7

Question 18

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 18

A. 10 —- 17

RPAPL 7

Question 19

T/F? Petition must be verified.

Answer 19

True

RPAPL 741

Question 20

A Special Proceeding to recover real property may be maintained in all of the following except:
A. A Supreme Court
B. A County Court
C. The court of a police justice of a village
D. A justice court

Answer 20

A
RPAPL 701
A special proceeding to recover real property may be maintained in a county court, the court of a police justice of the village, a justice court, a court of civil jurisdiction in a city, or a district court.

Question 21

An owner or tenant within \_\_\_\_\_\_\_\_ of a demised real property being used as a bawdy house, may serve personally upon the owner or landlord of such premises, written notice requiring the owner or landlord to make application to remove the persons occupying the premises
A. 50 feet 
B. 100 feet 
C. 200 feet 
D. 50 yards 
E. 100 yards

Answer 21

C

RPAPL 715

Question 22

A notice of petition for the recovery of real property may be issued only by which of the following 1. An attorney, 2. Judge, 3. Clerk of the Court
A. 2 only 
B. 1, 2 and 3 
C. 1 and 2 but not 3 
D. 3 only

Answer 22

B
RPAPL 731
A notice of petition may be issued only by an attorney,
judge or the clerk of the court; it may not be issued by a party
prosecuting the proceeding in person.

Question 23

12. The sheriff or other person shall give \_\_\_\_\_ days notice in writing prior to eviction and the executing of the warrant shall take place between \_\_\_\_\_\_\_\_\_\_.
A. 5/8AM and 8PM
B. 30/10AM and 10PM
C. 10/Sunrise and Sunset
D. 14/Sunrise and Sunset

Answer 23

D
RPAPL 749
The officer to whom the warrant is directed and delivered shall
give at least fourteen days’ notice, in writing and in the manner
prescribed in this article for the service of a notice of petition, to
the person or persons to be evicted or dispossessed and shall execute the warrant on a business day between the hours of sunrise and sunset