Title RPA, Real Property Actions & Proceedings

§ 755. Stay of proceeding or action for rent upon failure to make\nrepairs. 1. (a) Upon proper proof that a notice or order to remove or\ncease a nuisance or a violation or to make necessary and proper repairs\nhas been made by the municipal department charged with the enforceme…

§ 756. Stay of summary proceedings or actions for rent under certain\nconditions. In the event that utilities are discontinued in any part of\na dwelling because of the failure of the landlord or other person having\ncontrol of said dwelling to pay for utilities for which he may…

§ 756-a. Stay of action or proceeding when a party's claim to title is\nin dispute. 1. (a) A federal, state or local government agency may move\nfor a stay of any proceeding to recover possession of or quiet title to\nreal property relating to a residential dwelling unit or prop…

§ 757. Eviction as the result of foreclosure. In the event that a\nlessee is removed from real property pursuant to this article, and the\nleased real property was the subject of a foreclosure proceeding\npursuant to this chapter or the subject of a tax foreclosure proceeding,\n…

§ 761. Redemption by lessee. Where the special proceeding is founded\nupon an allegation that a lessee holds over after a default in the\npayment of rent, and the unexpired term of the lease under which the\npremises are held exceeds five years at the time when the warrant is\ni…

§ 763. Redemption by creditor of lessee. In a case specified in\nsection 761, a judgment creditor of the lessee whose judgment was\ndocketed in the county before the precept was issued, or a mortgagee of\nthe lease whose mortgage was duly recorded in the county before the\nprece…

§ 765. Effect of redemption upon lease. Where a redemption is made,\nas prescribed in this article, the rights of the person redeeming are\nsubject to a lease, if any, executed by the petitioner since the warrant\nwas issued, so far that the new lessee, his assigns, undertenants…

§ 767. Order of redemption; liability of persons redeeming. The\nperson redeeming, as prescribed in this article or the owner of the\nproperty so redeemed, may present to the court which issued the warrant\na petition setting forth the facts of the redemption and praying for an\…

§ 768. Unlawful eviction. 1. (a) It shall be unlawful for any person\nto evict or attempt to evict an occupant of a dwelling unit who has\nlawfully occupied the dwelling unit for thirty consecutive days or\nlonger or who has entered into a lease with respect to such dwelling\nex…

§ 769. Jurisdiction; court; venue. 1. A special proceeding by tenants\nof a dwelling in the city of New York or the counties of Nassau,\nSuffolk, Rockland and Westchester for a judgment directing the deposit\nof rents into court and their use for the purpose of remedying\ncondit…

§ 770. Grounds for the proceeding. 1. One-third or more of the tenants\noccupying a dwelling located in the city of New York or the commissioner\nof the department of the city of New York charged with enforcement of\nthe housing maintenance code of such city, or in the counties …

§ 771. Commencement; notice of petition; time and manner of service.\n1. A special proceeding prescribed by this article shall be commenced by\nthe service of a petition and notice of petition. A notice of petition\nmay be issued only by a judge or the clerk of the court.\n 2. T…

§ 772. Contents of petition. The petition shall:\n 1. Allege material facts showing that there exists in such dwelling or\nany part thereof one or more of the following: a lack of heat or of\nrunning water or of light or electricity or of adequate sewage disposal\nfacilities, or…

§ 773. Answer. At the time when the petition is to be heard, the owner\nand any mortgagee or lienor of record, shall answer in writing. If the\nnotice of petition was served at least eight days before the time at\nwhich it was noticed to be heard and it so demands, the answer sh…

§ 774. Trial. Where triable issues of fact are raised, they shall be\ntried by the court without a jury at the time when issue is joined.\nHowever, the court, in its discretion, may grant an adjournment of such\ntrial at request of either party, if it determines that an adjournm…

§ 775. Defenses. It shall be a sufficient defense to the proceeding,\nif the owner or any mortgagee or lienor of record establish that:\n a. The condition or conditions alleged in the petition did not in fact\nexist or that such condition or conditions have been removed or\nreme…

§ 776. Judgment. The court shall render a final judgment either\n a. Dismissing the petition for failure to affirmatively establish the\nallegations thereof or because of the affirmative establishment by the\nowner or a mortgagee or lienor of record of a defense or defenses\nspe…

§ 777. Application by mortgagee or lienor of record or other person\nhaving an interest in the property. a. If, after a trial, the court\nshall determine that the facts alleged in the petition have been\naffirmatively established by the petitioners, that no defense thereto\nspec…

§ 778. Appointment of administrator. 1. The court is authorized and\nempowered, in implementation of a judgment rendered pursuant to section\nseven hundred seventy-six or seven hundred seventy-seven of this\narticle, to appoint a person other than the owner, a mortgagee or\nlien…

§ 779. Presentation or settlement of accounts. The court shall\nrequire the keeping of written accounts itemizing the receipts and\nexpenditures under an order issued pursuant to section seven hundred\nseventy-six or seven hundred seventy-seven of this article, which shall\nbe o…

§ 780. Waiver void. Any provision of a lease or other agreement\nwhereby any provision of this article for the benefit of a tenant,\nresident or occupant of a dwelling is waived, shall be deemed against\npublic policy and shall be void.\n

§ 781. "Owner" defined. As used in this article, the term "owner"\nshall mean and include the owner or owners of the freehold of the\npremises or lesser estate therein, mortgagee or vendee in possession,\nassignee of rents, receiver, executor, trustee, lessee, agent, or any\noth…

§ 782. "Dwelling" defined. As used in this article, the term\n"dwelling" shall mean any building or structure or portion thereof which\nis occupied in whole or in part as the home, residence or sleeping place\nof one or more human beings and is either rented, leased, let or hire…

§ 783. Defense of warranty of habitability inapplicable.\nNotwithstanding any other provision of law, in any proceeding for the\npayment of rent commenced by an administrator appointed pursuant to this\narticle, the provisions of section two hundred thirty-five-b of the real\npr…

§ 790. Definitions. As used in this article the following terms shall\nhave the following meanings:\n 1. The term "manufactured home resident" means one who rents space in\na manufactured home park from a manufactured home park owner or operator\nfor the purpose of locating his …

§ 791. Jurisdiction; courts; venue. 1. A special proceeding to remove\nabandoned homes may be maintained in a supreme court, a court of civil\njurisdiction in a city, a district court, or a county court.\n 2. The place of trial of the special proceeding shall be within the\njuri…

§ 792. Grounds for the proceeding. A manufactured home park owner or\noperator of such manufactured home park may commence a special\nproceeding to obtain an order of the court granting a declaration that a\nmanufactured home has been abandoned upon proof that:\n 1. The manufact…

§ 793. Commencement; notice of petition; time and manner of service.\n1. The special proceeding prescribed by this article shall be commenced\nby filing a petition and a notice of petition. The petition shall comply\nwith the requirements of a complaint in an action and shall st…

§ 794. Answer. At the time when the petition is to be heard, the owner\nshall answer in writing. If the notice of petition was served at least\nthirty days before the time at which it was noticed to be heard and it\nso demands, the answer shall be served at least three days befo…

§ 795. Judgment and warrant. 1. Upon the issuance of a declaration\nthat a manufactured home has been abandoned pursuant to this article,\nand upon motion of the manufactured home park owner or operator, the\ncourt shall issue a warrant directed to the sheriff of the county or t…

§ 796. Definitions. As used in this article:\n 1. "Owner" means the owner or owners of the dwelling, mortgagee or\nvendee in possession, assignee of rents, receiver, executor, trustee,\nlessee, agent, or any other person or entity directly or indirectly in\ncontrol of a dwelling…

§ 796-a. Jurisdiction; court; venue. 1. A special proceeding for a\njudgment directing the deposit of rents into court and the use of such\nmonies for the purpose of remedying conditions at a dwelling dangerous\nto life, health or safety may be maintained by tenant or tenants of…

§ 796-b. Grounds for the proceeding. One-third or more of the tenants\noccupying a multiple residence dwelling or a tenant occupying a single\nresidence dwelling or the commissioner of the department charged with\nenforcement of the housing maintenance code in the municipality w…

§ 796-c. Commencement; notice of petition; time and manner of service.\n 1. A special proceeding prescribed by this article shall be commenced\nby the service of a petition and notice of petition. A notice of\npetition may be issued only by a judge or the clerk of the court.\n 2…

§ 796-d. Contents of petition. The petition shall:\n 1. Allege material facts showing that there exists in such dwelling or\nany part thereof one or more of the following:\n (a) a lack of heat, running water, light, electricity, adequate sewage\ndisposal facilities, or any other…

§ 796-e. Answer. At the time when the petition is to be heard, the\nowner and any mortgagee or lienor of record, shall answer in writing. If\nthe notice of petition was served at least eight days before the time at\nwhich it was noticed to be heard and it so demands, the answer …

§ 796-f. Trial. Where triable issues of fact are raised, they shall be\ntried by the court without a jury at the time when issue is joined;\nprovided, however, that the court, in its discretion, may grant an\nadjournment of such trial at request of either party, if it determines…

§ 796-g. Defenses. It shall be a sufficient defense to the proceeding,\nif the owner or any mortgagee or lienor of record establish that:\n 1. The condition or conditions alleged in the petition did not in fact\nexist or that such condition or conditions have been removed or\nre…

§ 796-h. Judgment. 1. The court shall render a final judgment either:\n (a) Dismissing the petition for failure to affirmatively establish the\nallegations thereof or because of the affirmative establishment by the\nowner or a mortgagee or lienor of record of a defense or defens…

§ 796-i. Application by mortgagee or lienor of record or other person\nhaving an interest in the property. 1. If, after a trial, the court\nshall determine that the facts alleged in the petition have been\naffirmatively established by the petitioners, that no defense thereto\nsp…

§ 796-j. Appointment of administrator. 1.(a) The court is authorized\nand empowered, in implementation of a judgment rendered pursuant to\nsection seven hundred ninety-six-h or seven hundred ninety-six-i of this\narticle, to appoint a person other than the owner, a mortgagee or …

§ 796-k. Presentation or settlement of accounts. The court shall\nrequire the keeping of written accounts itemizing the receipts and\nexpenditures for work performed under an order issued pursuant to\nsection seven hundred ninety-six-h or seven hundred ninety-six-i of this\narti…

§ 796-l. Waiver void. Any provision of a lease or other agreement\nwhereby any provision of this article for the benefit of a tenant,\nresident or occupant of a dwelling is waived, shall be deemed against\npublic policy and shall be void.\n

§ 796-m. Defense of warranty of habitability inapplicable.\nNotwithstanding any other provision of law, in any proceeding for the\npayment of rent commenced by an administrator appointed pursuant to this\narticle, the provisions of section two hundred thirty-five-b of the real\n…

§ 797. Jurisdiction; courts; venue. 1. Except as prohibited under\nsubdivision three of this section, a special proceeding for judgment\ndirecting repairs of conditions and other relief in residential real\nproperty constituting violation of applicable local and state housing\ns…

§ 797-a. Person who may maintain proceeding. 1. The proceeding may be\nmaintained by any party, known herein as a tenant, who is an occupant of\nresidential real property for thirty consecutive days or longer under an\nagreement not created by deed.\n 2. The proceeding may be ma…

§ 797-b. Respondent. The following may be named as a respondent:\n 1. The person, corporation, limited liability company, general\npartnership, limited partnership, or any other entity holding title to\nthe real property or an ownership interest in the property.\n 2. The person …

§ 797-c. Commencement; notice of petition; petition. 1. The proceeding\nshall be commenced by the filing of a notice of petition and petition\nwith the clerk of the court. A notice of petition may be issued by an\nattorney, judge, or clerk of the court.\n 2. The notice of petiti…

§ 797-d. Time of service; order to show cause. 1. The notice of\npetition and petition shall be served at least ten and not more than\nseventeen days before the time at which the petition is to be heard.\n 2. The court may grant an order to show cause to be served in lieu of\na …

§ 797-e. Manner of service of notice of petition and petition; when\nservice complete. 1. Personal service upon a natural person may be\ncompleted in the manner in which a summons is served under section three\nhundred eight of the civil practice law and rules.\n 2. Personal ser…