RPAPL Volume 3

Question 1

741 Contents of petition

Petition must be verified by a person authorized by section 721, or legal representative, attorney, or agent of such person.

The attorney may verify the petition on information and belief.
Petition shall:

1. state interest of petitioner in premises
2. state respondent’s interest in premises and relationship to petitioner with regard to property
3. describe premises
4. state facts upon which special proceeding is based
5. state relief sought
   Example: judgment for rent due, period of occupancy during which no rent is due, use and occupancy (if petition so demands)

Answer 1

741 Contents of petition
Petition must be verified by a person authorized by section 721, or legal representative, attorney, or agent of such person.

The attorney may verify the petition on information and belief.
Petition shall:

1. state interest of petitioner in premises
2. state respondent’s interest in premises and relationship to petitioner with regard to property
3. describe premises
4. state facts upon which special proceeding is based
5. state relief sought
   Example: judgment for rent due, period of occupancy during which no rent is due, use and occupancy (if petition so demands)

Question 2

741 Contents of petition

In the city of ________ where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law shall be in petition.

Answer 2

Albany,

Question 3

743 Answer

• Except as provided in section 732 of this article, relating to a proceeding for non-payment of rent, at time when petition is to be heard respondent, or any person in possession or claiming possession of premises, may answer, orally or in writing.
• If the answer is oral substance thereof shall be recorded by clerk or, if a particular court has no clerk, by presiding judge or justice of such court, and maintained in case record.
• The answer may contain any legal or equitable defense, or counterclaim.
• The court may render ___________ for the amount found due on counterclaim.

Answer 3

affirmative judgment

Question 4

744 Eviction based on domestic violence victim status prohibited

• Eviction based on _________ status is prohibited.
• This section does not apply to dwelling buildings that are owner occupied and have two or fewer residential units.

Answer 4

xx

Question 5

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 5

14 days

Question 6

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 6

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

Question 7

745 Trial

In New York City:

Two adjournments shall not include an adjournment requested by a respondent unrepresented by counsel for the purpose of __________ made on a return date of the proceeding.

Answer 7

Securing counsel

Question 8

745 Trial

In New York City:

The monthly deposit amount must not exceed the regulated rent, subsidy program rent share, or expired subsidy rent share, unless a new lease agreement is in place.

Answer 8

745 Trial

In New York City:

The monthly deposit amount must not exceed the regulated rent, subsidy program rent share, or expired subsidy rent share, unless a new lease agreement is in place.

Question 9

745 Trial

In New York City:

(Bard) The respondent does not have to deposit rent or use and occupancy if it is paid by direct government housing subsidy, senior citizen increase exemption, direct payment of rent, rental assistance, public assistance shelter allowance, or fixed income.

Answer 9

745 Trial

In New York City:

(Bard) The respondent does not have to deposit rent or use and occupancy if it is paid by direct government housing subsidy, senior citizen increase exemption, direct payment of rent, rental assistance, public assistance shelter allowance, or fixed income.

Question 10

745 Trial

In New York City:

Any sum required to be deposited with the court pursuant to this subdivision shall be offset by _________, if any, made by the respondent

Answer 10

payment,

Question 11

745 Trial

In New York City:

Court shall order an _____________ if the respondent does not make required deposits of rent.

Answer 11

immediate trial

Question 12

745 Trial

In New York City:

IMMEDIATE TRIAL shall mean that:

• no further _________ of the proceeding upon respondent’s sole request shall be granted,
• the case shall be assigned by the administrative judge to a trial ready part and
• such trial shall commence ____________ and continue day to day until completed.

Answer 12

Adjournments…….. as soon as practicable

Question 13

745 Trial

In New York City:

Court may extend any time provided for such deposit for_________

Answer 13

good cause shown

Question 14

745 Trial

In New York City:

Deposits shall be credited against __________

Answer 14

judgment awarded.

Question 15

745 Trial

In New York City:

Court may dismiss proceeding without prejudice and with costs for reasons of __________ requested by the petitioner.

Answer 15

excessive adjournment

Question 16

745 Trial

In New York City:

Under no circumstances shall the respondent’s failure or inability to pay use and occupancy as ordered by the court constitute a basis to dismiss any of the respondent’s defenses or counterclaims, with or without prejudice to their assertion in another forum.

Answer 16

745 Trial

In New York City:

Under no circumstances shall the respondent’s failure or inability to pay use and occupancy as ordered by the court constitute a basis to dismiss any of the respondent’s defenses or counterclaims, with or without prejudice to their assertion in another forum.

Question 17

746 Stipulations.
If a stipulation is made between parties (not a stipulation for adjournment) and is to be put on record, court shall fully describe the terms of the stipulation to the party by an ___________ on the record.

Answer 17

allocution

Question 18

747 Judgment

1. The court shall direct that a final judgment be entered determining the rights of the parties.
   Judgment shall award ______ to the successful party.

Answer 18

costs

Question 19

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 19

60 days…… $50

Question 20

749 Warrant

1. Upon rendering a final judgment for petitioner, court shall issue a warrant directed to

• sheriff of county or
• to any constable or marshal of city in which property, or a portion thereof, is situated, or,
• if it is not situated in a city, to any constable of any town in county,

describing property, stating earliest date upon which execution may occur pursuant to order of court, and commanding officer to remove all persons named in proceeding, provided upon a showing of good cause, court may issue a stay of re-letting or renovation of premises for a reasonable period of time.

Answer 20

749 Warrant

1. Upon rendering a final judgment for petitioner, court shall issue a warrant directed to sheriff of county or to any constable or marshal of city in which property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in county, describing property, stating earliest date upon which execution may occur pursuant to order of court, and commanding officer to remove all persons named in proceeding, provided upon a showing of good cause, court may issue a stay of re-letting or renovation of premises for a reasonable period of time.

Question 21

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 21

14 days’

Question 22

749 Warrant

2.

(b) (BARD)

• Before executing an eviction warrant, an officer must check for companion animals and coordinate with the tenants to ensure their safe removal.
• • If the tenants cannot be found or decline to take possession of the animals, the officer must contact an animal shelter or pound.
• • The officer should notify the tenants of the animal’s whereabouts.
• Disposition of such companion animal or animals shall be in accordance with provisions of sections 117 and 374 of agriculture and markets law, and all other laws, rules and regulations that govern humane treatment of animals.
• “Companion animal,” as used in this paragraph, shall have same meaning as provided in sub 5 of section 350 of agriculture and markets law.

Answer 22

749 Warrant

2.

(b) Such officer shall check such property for presence of a companion animal prior to executing such warrant and coordinate with such person or persons to be evicted or dispossessed to provide for safe and proper care of such companion animal or animals.
If such persons to be evicted or dispossessed cannot be found after reasonable efforts are made to coordinate with such persons, or if such person is found and declines to take possession of such animal or animals, such officer shall promptly coordinate with duly incorporated humane society, duly incorporated society for prevention of cruelty to animals or pound maintained by or under contract or agreement with municipality in which animal was found for safe removal of such companion animal or animals.
Such officer shall make reasonable efforts to provide notice to person or persons to be evicted regarding location of such companion animal or animals.
Disposition of such companion animal or animals shall be in accordance with provisions of sections 117 and 374 of agriculture and markets law, and all other laws, rules and regulations that govern humane treatment of animals.
“Companion animal,” as used in this paragraph, shall have same meaning as provided in sub 5 of section 350 of agriculture and markets law.

Question 23

749 Warrant

3. Nothing contained herein shall deprive court of power to stay or vacate such warrant for good cause shown prior to execution thereof, or to restore tenant to possession subsequent to execution of warrant.

Answer 23

749 Warrant

3. Nothing contained herein shall deprive court of power to stay or vacate such warrant for good cause shown prior to execution thereof, or to restore tenant to possession subsequent to execution of warrant.

Question 24

749 Warrant

In a judgment for non-payment of rent, court shall vacate a warrant upon_______ or __________ with court of full rent due at any time prior to its execution, unless petitioner establishes that tenant withheld rent due in bad faith.

Answer 24

tender or deposit

Question 25

749 Warrant

Petitioner may recover by action any sum of money which was payable at time when special proceeding was commenced and reasonable value of use and occupation to time when warrant was issued, for any period of time with respect to which agreement does not make any provision for payment of rent.

Answer 25

749 Warrant

Petitioner may recover by action any sum of money which was payable at time when special proceeding was commenced and reasonable value of use and occupation to time when warrant was issued, for any period of time with respect to which agreement does not make any provision for payment of rent.