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.\nPrior to executing a residential lease or rental agreement with a\ntenant, the owner of real property consisting of three or fewer rental\nunits shall provide conspicuous notice in bold face type as to wheth…

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

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

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

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

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

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

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

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

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

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

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

§ 237-a. Discrimination against children in dwelling houses and\nmanufactured home parks. a. Any person, firm or corporation owning or\nhaving in charge any apartment house, tenement house or other building\nor manufactured home park used for dwelling purposes who shall refuse t…

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

§ 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\never-increasing cost of home heating has resulted in widespread consumer\ninterest in the use of portable kerosene heaters. Because there is a\nwide variety of kerosene heaters, including different designs and\nin…

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

§ 239-b. Only approved portable kerosene heaters permitted in\nstructures. Portable kerosene heaters which do not meet the requirements\nof subdivision seven of section two hundred thirty-nine-a of this\narticle are prohibited in structures. It shall be unlawful for any\nperson …

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

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

§ 239-e. Portable kerosene heaters prohibited in multiple dwellings.\nIt shall be unlawful to use any portable kerosene heater in a multiple\ndwelling.\n

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

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

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

§ 240-b. Certain conveyances authorized; effect thereof. 1. Any person\nor persons owning real property or an interest in real property which he\nor they have power to convey, may effectively convey such property or\ninterest by a conveyance naming himself or themselves and anot…

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 254-b. Limitation on late charges. 1. If a bond or note, or the\nmortgage on real property, heretofore or hereafter made, improved by a\none to six family residence occupied by the owner, securing the payment\nof same, or a note representing a loan for the purpose of financing…

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

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

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

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

§ 257. Covenants bind representatives of grantor and mortgagor and\ninure to the benefit of whom. All covenants contained in any grant or\nmortgage of real estate bind the heirs, executors, administrators,\nsuccessors and assigns, of the grantor or mortgagor, and inure to the\nb…

§ 258. Short forms of deeds and mortgages. The use of the following\nforms of instruments for the conveyance and mortgage of real property is\nlawful, but this section does not prevent or invalidate the use of other\nforms:\n SCHEDULE A.\n DEED WITH FULL COVENANTS.\nStatutory Fo…

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