RPAPL Article 7

Question 1

A proceeding to recover real property is a __________ proceeding.

Answer 1

Special (RPAPL 701)

Question 2

Place of trial shall be within ___________

Answer 2

Jurisdictional area of court in which real property (RPAPL 701)

Question 3

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

Answer 3

30 (RPAPL 701)

Question 4

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

Answer 4

60 (RPAPL 711)

Question 5

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

Answer 5

60 (RPAPL 711)

Question 6

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

Answer 6

3 (RPAPL 711)

Question 7

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 7

False (RPAPL 713)

Question 8

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.

Answer 8

200 (RPAPL 715)

Question 9

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, attorney’s fees and court ordered costs

Answer 9

True (RPAPL 715)

Question 10

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

Answer 10

$5,000 (RPAPL 715)

Question 11

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

Answer 11

B (RPAPL 715)

Question 12

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

Answer 12

True (RPAPL 731)

Question 13

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 13

5 (RPAPL 732)

Question 14

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

Answer 14

3…8 (RPAPL 732)

Question 15

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

Answer 15

True (RPAPL 732)

Question 16

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

Answer 16

5 (RPAPL)

Question 17

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.

Answer 17

5…10 (RPAPL 732)

Question 18

T/F? Petition must be verified

Answer 18

True (RPAPL 741)

Question 19

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

Answer 19

True (RPAPL 743)

Question 20

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

Answer 20

10 (RPAPL 745)

Question 21

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

Answer 21

$50 (RPAPL 745)

Question 22

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

Answer 22

True (RPAPL 745)

Question 23

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

Answer 23

72 (RPAPL 749)

Question 24

Warrant shall be executed between the hours of _________.

Answer 24

Sunrise to sunset (RPAPL 749)

Question 25

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.

Answer 25

True (RPAPL 751)

Question 26

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.

Answer 26

2...10 (RPAPL 767)

Question 27

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

Answer 27

D a court of criminal jurisdiction in a city (RPAPL 701)

Question 28

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

Answer 28

B. in jurisdictional area of court in which real property or portion is located (RPAPL 701)

Question 29

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

Answer 29

C. both 1 and 2 (RPAPL 711)

Question 30

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

Answer 30

B. both 1 and 2 (RPAPL 715)

Question 31

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

Answer 31

D. person intruding in or squatting upon property (RPAPL 721)

Question 32

Notice of petition in a proceeding to recover possession of real property may not be issued by A. attorney B. judge C. clerk of court D. party prosecuting proceeding in person

Answer 32

D. party prosecuting proceeding in person (RPAPL 731)

Question 33

``` 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 ```

Answer 33

A. 5...12 (RPAPL 733)

Question 34

``` 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 ```

Answer 34

A. 1 day (RPAPL 735)

Question 35

``` 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 ```

Answer 35

B. property sought to be recovered (RPAPL 735)

Question 36

``` 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 ```

Answer 36

C. 3 (RPAPL 735)

Question 37

``` 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 ```

Answer 37

D. 8...3 (RPAPL 743)

Question 38

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)

Answer 38

A. the petitioner (RPAPL 749)

Question 39

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

Answer 39

C. both are correct (RPAPL 747)

Question 40

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

Answer 40

A. Both are correct (RPAPL 751-75)