RPAPL NUMBER BLAST Flashcards
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- 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.
14
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant in a city has defaulted for _______ days in paying taxes or assessments as per agreement AND
- a demand for rent has been made, or
- ____ -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.
60…. 3
711 Grounds where landlord-tenant relationship exists.
A special proceeding may be maintained upon the following grounds:
- Tenant under a lease of _________ or less takes benefit of _____________ statute or is adjudicated a bankrupt.
3 years………. insolvency
711 Grounds where landlord-tenant relationship exists.
- 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).
30…. 10
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:
- Vendee in possession defaults in contract performance agreed to be completed within _________ days after its execution.
90
715 Grounds and procedure where use and occupancy is illegal
- 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.
$5,000.00
(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
five (5) days,
(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
three (3)
732 Special provisions applicable in non-payment proceeding if the rules so provide
If appellate division rules so provide, in a non-payment proceeding:
- The notice of petition shall be returnable before the clerk, and shall be made returnable within __________ days after its service.
- 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.
- 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.
- Notice of petition shall advise respondent of requirements of subdivision 1, 2 and 3, above.
ten…….. 3 ………. 8 ……. 5…… 10……. 10
733 Time of service, and order to show cause
- 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.
- 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.
10……17……….two (2) hours
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)
3 days
745 Trial
- 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.
14 days
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.
second of 2 …sixtieth…. constructive eviction… overcharge….. personal jurisdiction
747 Judgment
Judgment shall NOT:
- bar action to recover possession of real property
- 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.
- In forcible entry or forcible holding out, court may award costs not exceeding _____ in addition to disbursements.
- 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.
60 days…… $50
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.
14 days’
