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 valuations made under this article, no significance shall be given to the ancestry, health or habits of the person whose life is involved. Each valuation shall be based exclusively on the actuarial data.

§ 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, judge, referee or other judicial or administrative officer by whom any valuation under this article must be made is authorized to transmit to the superintendent of financial services such statement of facts a…

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

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

§ 512. Essentials of adverse possession under written instrument or judgment. For the purpose of constituting an adverse possession, founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in any of the following cases: 1. Wh…

§ 521. Adverse possession not under written instrument or judgment. Where there has been an actual continued occupation of premises under a claim of right, exclusive of any other right, but not founded upon a written instrument or a judgment or decree, the premises so actually o…

§ 522. Essentials of adverse possession not under written instrument or judgment. For the purpose of constituting an adverse possession not founded upon a written instrument or a judgment or decree, land is deemed to have been possessed and occupied in either of the following ca…

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

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

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

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

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

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

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

§ 621. Separate action by joint tenant or tenant in common. Where two or more persons are entitled to the possession of real property as joint tenants or tenants in common, one or more of them may maintain the action to recover his or their undivided shares in the property in an…

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

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

§ 631. Defendants. Where the complaint demands judgment for the immediate possession of the property, if the property is actually occupied, the occupant shall be made defendant in the action. If it is not so occupied, the action shall be brought against some person exercising ac…

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

§ 635. Action against occupants of apartments. In a case where two or more defendants occupy different apartments in a building the plaintiff is entitled to judgment jointly against all the defendants who are liable to him.

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

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

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

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

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

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

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

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

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

§ 713-a. Special proceeding for termination of adult home and residence for adults admission agreements. A special proceeding to terminate the admission agreement of a resident of an adult home or residence for adults and discharge a resident therefrom may be maintained in a cou…

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

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

§ 721. Person who may maintain proceeding. The proceeding may be brought by: 1. The landlord or lessor. 2. The reversioner or remainderman next entitled to possession of the property upon the termination of the estate of a life tenant, where a tenant of such life tenant holds ov…

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

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

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

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

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

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

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

§ 744. Eviction based on domestic violence victim status prohibited. 1. A tenant shall not be removed from possession of a residential unit pursuant to this article because of such person's domestic violence victim status, as defined in section two hundred twenty-seven-d of the …

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

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

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

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

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

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

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