Title RPA, Real Property Actions & Proceedings

§ 403. Mortality and other tables. In all valuations made under this\narticle where such valuation depends upon the continuance of, or upon\nthe termination of a life or lives in being, the table of mortality\nprescribed by section four thousand two hundred seventeen of the\nins…

§ 404. Evidence as to ancestry, health and habits of individual In all\nvaluations made under this article, no significance shall be given to\nthe ancestry, health or habits of the person whose life is involved.\nEach valuation shall be based exclusively on the actuarial data.\n…

§ 405. Interest defeasible by remarriage. Whenever an interest is\ndefeasible on the remarriage of a person whose life is involved, this\nfact of defeasibility may be taken into account in the valuation of any\nsuch interest or of any interest subject thereto, if justice require…

§ 406. Computation by superintendent of financial services. Any court,\njudge, referee or other judicial or administrative officer by whom any\nvaluation under this article must be made is authorized to transmit to\nthe superintendent of financial services such statement of fact…

§ 501. Adverse possession; defined. For the purposes of this article:\n 1. Adverse possessor. A person or entity is an "adverse possessor" of\nreal property when the person or entity occupies real property of\nanother person or entity with or without knowledge of the other's\nsu…

§ 511. Adverse possession under written instrument or judgment. Where\nthe occupant or those under whom the occupant claims entered into the\npossession of the premises under claim of right, exclusive of any other\nright, founding the claim upon a written instrument, as being a\…

§ 512. Essentials of adverse possession under written instrument or\njudgment. For the purpose of constituting an adverse possession, founded\nupon a written instrument or a judgment or decree, land is deemed to\nhave been possessed and occupied in any of the following cases:\n …

§ 521. Adverse possession not under written instrument or judgment.\nWhere there has been an actual continued occupation of premises under a\nclaim of right, exclusive of any other right, but not founded upon a\nwritten instrument or a judgment or decree, the premises so actuall…

§ 522. Essentials of adverse possession not under written instrument\nor judgment. For the purpose of constituting an adverse possession not\nfounded upon a written instrument or a judgment or decree, land is\ndeemed to have been possessed and occupied in either of the following…

§ 531. Adverse possession, how affected by relation of landlord and\ntenant. Where the relation of landlord and tenant has existed, the\npossession of the tenant is deemed the possession of the landlord until\nthe expiration of ten years after the termination of the tenancy; or,…

§ 541. Adverse possession, how affected by relation of tenants in\ncommon. Where the relation of tenants in common has existed, the\noccupancy of one tenant, personally or by his servant or by his tenant,\nis deemed to have been the possession of the other, notwithstanding that\…

§ 543. Adverse possession; how affected by acts across a boundary\nline. 1. Notwithstanding any other provision of this article, the\nexistence of de minimus non-structural encroachments including, but not\nlimited to, fences, hedges, shrubbery, plantings, sheds and\nnon-structu…

§ 551. Right of person to possession not affected by descent cast. The\nright of a person to the possession of real property is not impaired or\naffected by a descent being cast in consequence of the death of a person\nin possession of the property.\n

§ 601. Damages for withholding real property obtainable in action to\nrecover possession; set-off by defendant. In an action to recover the\npossession of real property, the plaintiff may recover damages for\nwithholding the property, including the rents and profits or the value…

§ 611. Where action cannot be maintained: dower; property not\nexceeding six inches in width; by mortgagee. The action cannot be\nmaintained:\n 1. Where an action for dower may be maintained.\n 2. Where the real property consists of a strip of land not exceeding\nsix inches in w…

§ 612. Where action cannot be maintained; action based on reverter or\nbreach of condition subsequent. 1. Except as otherwise provided in this\nsection, an action to recover the possession of real property cannot be\nmaintained where it is founded upon a claim of reverter of an …

§ 621. Separate action by joint tenant or tenant in common. Where two\nor more persons are entitled to the possession of real property as joint\ntenants or tenants in common, one or more of them may maintain the\naction to recover his or their undivided shares in the property in…

§ 623. Action by grantee of lands held adversely. The action shall be\nmaintained by a grantee, his executors, administrators or assigns in his\nown name, although at the time of the conveyance, such real property was\nin the actual possession of a person claiming under a title …

§ 625. Action by reversioner or remainderman after tenant's default.\nWhere a tenant for life or for a term of years suffers judgment to be\ntaken against him, by consent or by default, in an action to recover\nreal property, the heir or person owning the reversion or remainder,…

§ 631. Defendants. Where the complaint demands judgment for the\nimmediate possession of the property, if the property is actually\noccupied, the occupant shall be made defendant in the action. If it is\nnot so occupied, the action shall be brought against some person\nexercisin…

§ 633. Action against co-tenant; ouster to be proved. Where the action\nis brought by a tenant in common or a joint tenant against his\nco-tenant, the plaintiff, besides proving his right, shall also prove\nthat the defendant actually ousted him or did some other act amounting\n…

§ 635. Action against occupants of apartments. In a case where two or\nmore defendants occupy different apartments in a building the plaintiff\nis entitled to judgment jointly against all the defendants who are\nliable to him.\n

§ 637. Action against one defendant subject to rights of others.\nWhere one or more answering defendants hold under another defendant, and\nthe plaintiff elects to proceed against the latter, subject to the\nrights and interests of the former, if the plaintiff recovers final\nju…

§ 641. Complaint. The complaint shall state the plaintiff's interest\nin the property and describe it with reasonable certainty in such manner\nthat, from the description, possession of the property claimed may be\ndelivered.\n

§ 651. Expiration of plaintiff's title before trial. If the right or\ntitle of the plaintiff expires after the commencement of the action but\nbefore the trial, and he would have been entitled to recover but for the\nexpiration, the verdict, report or decision shall be rendered …

§ 653. Judgment to state plaintiff's estate. A verdict, report or\ndecision in favor of the plaintiff and the judgment rendered thereon,\nshall specify in writing the estate of the plaintiff in the property\nrecovered, whether it is in fee, or for life, or for a term of years\ns…

§ 661. Liability of purchaser pending an action. If the defendant\naliens the real property in question after the filing of a notice of\npendency of the action, and an execution against him for the plaintiff's\ndamages is returned wholly or partly unsatisfied, an action may be\n…

§ 701. Jurisdiction; courts; venue. 1. A special proceeding to\nrecover real property may be maintained in a county court, the court of\na police justice of the village, a justice court, a court of civil\njurisdiction in a city, or a district court.\n 2. The place of trial of th…

§ 702. Rent in a residential dwelling. 1. In a proceeding relating to\na residential dwelling or housing accommodation, the term "rent" shall\nmean the monthly or weekly amount charged in consideration for the use\nand occupation of a dwelling pursuant to a written or oral renta…

§ 711. Grounds where landlord-tenant relationship exists. A tenant\nshall include an occupant of one or more rooms in a rooming house or a\nresident, not including a transient occupant, of one or more rooms in a\nhotel who has been in possession for thirty consecutive days or lo…

§ 713. Grounds where no landlord-tenant relationship exists. A special\nproceeding may be maintained under this article after a ten-day notice\nto quit has been served upon the respondent in the manner prescribed in\nsection 735, upon the following grounds:\n 1. The property has…

§ 713-a. Special proceeding for termination of adult home and\nresidence for adults admission agreements. A special proceeding to\nterminate the admission agreement of a resident of an adult home or\nresidence for adults and discharge a resident therefrom may be\nmaintained in a…

§ 715. Grounds and procedure where use or occupancy is illegal. 1. An\nowner or tenant, including a tenant of one or more rooms of an apartment\nhouse, tenement house or multiple dwelling, of any premises within two\nhundred feet from other demised real property used or occupied…

§ 715-a. Grounds and procedure for removal of commercial tenants for\nunlicensed cannabis retail sale. 1. Any duly authorized enforcement\nagency of the state or of a subdivision thereof, under a duty to enforce\nthe provisions of the penal law or of any state or local law, ordi…

§ 721. Person who may maintain proceeding. The proceeding may be\nbrought by:\n 1. The landlord or lessor.\n 2. The reversioner or remainderman next entitled to possession of the\nproperty upon the termination of the estate of a life tenant, where a\ntenant of such life tenant h…

§ 731. Commencement; notice of petition. 1. The special proceeding\nprescribed by this article shall be commenced by petition and a notice\nof petition. A notice of petition may be issued only by an attorney,\njudge or the clerk of the court; it may not be issued by a party\npro…

§ 732. Special provisions applicable in non-payment proceeding if the\nrules so provide. If the appropriate appellate division shall so provide\nin the rules of a particular court, this section shall be applicable in\nsuch court in a proceeding brought on the ground that the res…

§ 733. Time of service; order to show cause. 1. Except as provided in\nsection seven hundred thirty-two of this article, relating to a\nproceeding for non-payment of rent, the notice of petition and petition\nshall be served at least ten and not more than seventeen days before t…

§ 734. Notice of petition; service on the Westchester county\ndepartment of social services. In the county of Westchester, if the\nlocal legislative body has, by local law, opted to require such notice,\nservice of a copy of the notice of petition and petition in any\nproceeding…

§ 735. Manner of service; filing; when service complete. 1. Service\nof the notice of petition and petition shall be made by personally\ndelivering them to the respondent; or by delivering to and leaving\npersonally with a person of suitable age and discretion who resides or\nis…

§ 741. Contents of petition. The petition shall be verified by the\nperson authorized by section seven hundred twenty-one to maintain the\nproceeding; or by a legal representative, attorney or agent of such\nperson pursuant to subdivision (d) of section thirty hundred twenty of\…

§ 743. Answer. Except as provided in section seven hundred thirty-two\nof this article, relating to a proceeding for non-payment of rent, at\nthe time when the petition is to be heard the respondent, or any person\nin possession or claiming possession of the premises, may answer…

§ 744. Eviction based on domestic violence victim status prohibited.\n1. A tenant shall not be removed from possession of a residential unit\npursuant to this article because of such person's domestic violence\nvictim status, as defined in section two hundred twenty-seven-d of t…

§ 745. Trial. 1. Where triable issues of fact are raised, they shall\nbe tried by the court unless, at the time the petition is noticed to be\nheard, a party demands a trial by jury, in which case trial shall be by\njury. At the time when issue is joined the court, at the reques…

§ 746. Stipulations. 1. In any proceeding under this article, if a\nstipulation is made, on the occasion of a court appearance in the\nproceeding, setting forth an agreement between the parties, other than a\nstipulation solely to adjourn or stay the proceeding, and either the\n…

§ 747. Judgment. 1. The court shall direct that a final judgment be\nentered determining the rights of the parties. The judgment shall award\nto the successful party the costs of the special proceeding.\n 2. The judgment shall not bar an action to recover the possession of\nreal…

§ 749. Warrant. 1. Upon rendering a final judgment for petitioner, the\ncourt shall issue a warrant directed to the sheriff of the county or to\nany constable or marshal of the city in which the property, or a portion\nthereof, is situated, or, if it is not situated in a city, t…

* § 749-a. New York city marshals. A marshal of the city of New York\nshall provide notice of execution of a warrant of eviction by physical\nposting of the notice and by an electronic filing. For purposes of this\nsection, "electronic filing" shall mean an electronic filing as\…

§ 751. Stay upon paying rent or giving undertaking; discretionary stay\noutside city of New York. The respondent may, at any time before a\nwarrant is issued, stay the issuing thereof and also stay an execution\nto collect the costs, as follows:\n 1. Where the lessee or tenant h…

§ 753. Stay in premises occupied for dwelling purposes. 1. In a\nproceeding to recover the possession of premises occupied for dwelling\npurposes, other than a room or rooms in an hotel, lodging house, or\nrooming house, the court, on application of the occupant, may stay the\ni…