Title RPP, Real Property

§ 235-a. Tenant right to offset payments and entitlement to damages in\ncertain cases. 1. In any case in which a residential tenant shall\nlawfully make a payment to a utility company pursuant to the provisions\nof sections thirty-three, thirty-four and one hundred sixteen of th…

§ 235-b. Warranty of habitability. 1. In every written or oral lease\nor rental agreement for residential premises the landlord or lessor\nshall be deemed to covenant and warrant that the premises so leased or\nrented and all areas used in connection therewith in common with oth…

§ 235-bb. Certificates of occupancy; required disclosure to tenant. 1. Prior to executing a residential lease or rental agreement with a tenant, the owner of real property consisting of three or fewer rental units shall provide conspicuous notice in bold face type as to whether …

§ 235-c. Unconscionable lease or clause. 1. If the court as a matter of law finds a lease or any clause of the lease to have been unconscionable at the time it was made the court may refuse to enforce the lease, or it may enforce the remainder of the lease without the unconscion…

§ 235-d. Harassment. 1. Notwithstanding any other provision of law, within a city having a population of one million or more, it shall be unlawful and shall constitute harassment for any landlord of a building which at any time was occupied for manufacturing or warehouse purpose…

§ 235-e. Duty to provide a written receipt. (a) Upon the receipt of the payment of rent for residential premises in the form of cash, or any instrument other than the personal check of the lessee, it shall be the duty of the lessor, or any agent of the lessor authorized to recei…

§ 235-f. Unlawful restrictions on occupancy. 1. As used in this section, the terms: (a) "Tenant" means a person occupying or entitled to occupy a residential rental premises who is either a party to the lease or rental agreement for such premises or is a statutory tenant pursuan…

§ 235-g. Electronic billing and/or payment of rent. 1. A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. A landlord shall not assess any fee or other charge for a lessee or tenant that c…

§ 235-h. Waiver of right to bring a declaratory judgment action. No commercial lease shall contain any provision waiving or prohibiting the right of any tenant to bring a declaratory judgment action with respect to any provision, term or condition of such commercial lease. The i…

§ 235-i. Unreasonable tenant fees for reproductions of keys. A landlord shall not charge a tenant a fee for the reproduction of keys to a single dwelling greater than one hundred ten percent of the actual cost of reproduction, provided such limitation shall not apply if a tenant…

§ 235-j. Duty to inform of bed bug infestation. 1. Upon having knowledge of a bed bug infestation in a unit of a residential rental premises, the landlord or lessor of a residential rental premises shall provide written notice of such infestation to the landlord's tenants and le…

§ 236. Assignment of lease of a deceased tenant. Notwithstanding any contrary provision contained in any lease hereafter made which affects premises demised for residential use, or partly for residential and partly for professional use, the executor, administrator or legal repre…

§ 236-a. Termination of lease of a deceased tenant. Notwithstanding any contrary provision contained in any lease hereafter made or renewed which affects premises demised for residential use, or partly for residential and partly for professional use, the executor, administrator …

§ 237. Discrimination in leases with respect to bearing of children. Any person, firm or corporation owning or having in charge any apartment house, tenement house or other building or mobile home park used for dwelling purposes who shall, in any lease of any or part of any such…

§ 237-a. Discrimination against children in dwelling houses and manufactured home parks. a. Any person, firm or corporation owning or having in charge any apartment house, tenement house or other building or manufactured home park used for dwelling purposes who shall refuse to r…

§ 238. Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies. 1. A contract, agreement or arrangement entered into or executed by and between the owner or prospective owner of an apartment house, tenement or what is com…

§ 238-a. Limitation on fees. In relation to a residential dwelling\nunit:\n 1. (a) Except in instances where statutes or regulations provide for a\npayment, fee or charge, no landlord, lessor, sub-lessor or grantor may\ndemand any payment, fee, or charge for the processing, revi…

§ 239. Legislative findings. The legislature recognizes that the ever-increasing cost of home heating has resulted in widespread consumer interest in the use of portable kerosene heaters. Because there is a wide variety of kerosene heaters, including different designs and intend…

§ 239-a. Definitions. As used in this article the following terms shall mean and include: 1. "Structure." Any building or completed construction of any kind including but not limited to, private dwellings or to any structure used for business, commercial or industrial purposes, …

§ 239-b. Only approved portable kerosene heaters permitted in structures. Portable kerosene heaters which do not meet the requirements of subdivision seven of section two hundred thirty-nine-a of this article are prohibited in structures. It shall be unlawful for any person (1) …

§ 239-c. Approval by the secretary of state. After April first, nineteen hundred eighty-two, no portable kerosene heater shall be offered for sale in this state for use in a structure unless it has been approved by the secretary of state or his designee. In determining whether t…

§ 239-d. Sale of unapproved portable kerosene heaters. All unapproved portable kerosene heaters offered for sale in this state shall have printed thereon or attached thereto and on the package in which such heater is sold the following statement: "This heater is not approved for…

§ 239-e. Portable kerosene heaters prohibited in multiple dwellings. It shall be unlawful to use any portable kerosene heater in a multiple dwelling.

§ 239-f. Penalties for violation. Any person who shall violate any provision of this article shall be guilty of a misdemeanor, punishable for each offense by a fine not exceeding one hundred dollars or by imprisonment for a period of not more than ninety days.

§ 239-g. Application of article. 1. This article shall not be applicable to any city having a population in excess of five hundred thousand. 2. Nothing in this article shall be construed to permit the sale or use of any portable kerosene heater in any municipality in which such …

§ 240. Definitions and use of terms. 1. The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee. 2. The term "conveyance," as used in this article, includes every instrument, in writing, except a will, by which any estate or intere…

§ 240-b. Certain conveyances authorized; effect thereof. 1. Any person or persons owning real property or an interest in real property which he or they have power to convey, may effectively convey such property or interest by a conveyance naming himself or themselves and another…

§ 240-c. Joint tenancy severance. 1. In addition to any other means by which a joint tenancy with right of survivorship may be severed, a joint tenant may unilaterally sever a joint tenancy in real property without consent of any non-severing joint tenant or tenants by: (a) Exec…

§ 241. Ancient conveyances abolished. The conveyance of real property by feoffment, with livery of seizin, or by fines, or common recoveries, is abolished.

§ 242. Disclosure prior to the sale of real property. 1. (a) Any person, firm, company, partnership or corporation offering to sell real property to which no utility electric service is provided shall provide written notice to the prospective purchaser or to the prospective purc…

§ 243. Grant of fee or freehold. A grant in fee or of a freehold estate, must be subscribed by the person from whom the estate or interest conveyed is intended to pass, or by his lawful agent thereunto authorized in writing. If not duly acknowledged before its delivery, accordin…

§ 244. When grant takes effect. A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed.

§ 245. Estate which passes by grant or devise. A grant or devise of real property passes all the estate or interest of the grantor or testator unless the intent to pass a less estate or interest appears by the express terms of such grant or devise or by necessary implication the…

§ 246. Certain deeds declared grants. Deeds of bargain and sale, and of lease and release, may continue to be used; and are to be deemed grants, subject to all the provisions of law in relation thereto.

§ 247. Conveyance by tenant for life or years of greater estate than possessed. A conveyance made by a tenant for life or years, of a greater estate than he possesses, or can lawfully convey, does not work a forfeiture of his estate, but passes to the grantee all the title, esta…

§ 248. Effect of conveyance where property is leased. An attornment to a grantee is not requisite to the validity of a conveyance of real property occupied by a tenant, or of the rents or profits thereof, or any other interest therein. But the payment of rent to a grantor, by hi…

§ 249. Covenants in mortgages. A mortgage of real property does not imply a covenant for the payment of the sum intended to be secured; and where such covenant is not expressed in the mortgage, or a bond or other separate instrument to secure such payment has not been given, the…

§ 251. Covenants not implied. A covenant is not implied in a conveyance of real property, whether the conveyance contains any special covenant or not.

§ 252. Lineal and collateral warranties abolished. Lineal and collateral warranties, with all their incidents, have been abolished; but the heirs and devisees of a person, who has made a covenant or agreement, are answerable thereon, to the extent of the real property descended …

§ 253. Construction of covenants in grants of freehold interests. In grants of freehold interests in real property, the following or similar covenants must be construed as follows: 1. Seizin.-- A covenant that the grantor "is seized of the said premises (described) in fee simple…

§ 254. Construction of clauses and covenants in mortgages and bonds or notes. In mortgages of real property, and in bonds and notes secured thereby or in assignments of mortgages and bonds and mortgages and notes, or in agreements to extend or to modify the terms of mortgages an…

§ 254-a. Right of election of mortgagee in certain cases. If a bond or note, or the mortgage on real property, improved by a one to six family residence occupied by the owner, securing the payment of same, contains (1) a provision whereby the mortgagee retains the right to accel…

§ 254-b. Limitation on late charges. 1. If a bond or note, or the mortgage on real property, heretofore or hereafter made, improved by a one to six family residence occupied by the owner, securing the payment of same, or a note representing a loan for the purpose of financing th…

§ 254-c. Right to a copy of real property appraisals and consumer reports in certain cases. 1. Any lender who requires an applicant for a loan or forbearance, which is to be secured primarily by an interest in real property, to bear the cost of either an appraisal of said proper…

§ 254-d. Fees by mortgagee for direct payment of real property taxes by mortgagor prohibited. No mortgagor on a loan secured primarily by an interest in real property shall be charged a fee by the mortgagee because the parties have agreed that the mortgagor shall pay real proper…

§ 255. Construction of grant of appurtenances and of all the rights and estate of grantor. In any grant or mortgage of freehold interests in real estate, the words, "together with the appurtenances and all the estate and rights of the grantor in and to said premises," must be co…

§ 256. Construction of grant in executor's or trustee's deed of appurtenances, and of the estate of testator and grantor. In any deed by an executor of, or trustee under a will, the words "together with the appurtenances and also all the estate which the said testator had at the…

§ 257. Covenants bind representatives of grantor and mortgagor and inure to the benefit of whom. All covenants contained in any grant or mortgage of real estate bind the heirs, executors, administrators, successors and assigns, of the grantor or mortgagor, and inure to the benef…

§ 258. Short forms of deeds and mortgages. The use of the following forms of instruments for the conveyance and mortgage of real property is lawful, but this section does not prevent or invalidate the use of other forms: SCHEDULE A. DEED WITH FULL COVENANTS. Statutory Form A. (I…

§ 259-c. Provision in lease of real property for waiver of trial by jury in actions for personal injury or property damage. Any provision in a lease, executed after the effective date of this act, that a trial by jury is waived in any action, proceeding or counterclaim brought b…