Title RPA, Real Property Actions & Proceedings

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

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

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

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

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

§ 763. Redemption by creditor of lessee. In a case specified in section 761, a judgment creditor of the lessee whose judgment was docketed in the county before the precept was issued, or a mortgagee of the lease whose mortgage was duly recorded in the county before the precept w…

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

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

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

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

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

§ 771. Commencement; notice of petition; time and manner of service. 1. A special proceeding prescribed by this article shall be commenced by the service of a petition and notice of petition. A notice of petition may be issued only by a judge or the clerk of the court. 2. The no…

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

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

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

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

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

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

§ 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 require the keeping of written accounts itemizing the receipts and expenditures under an order issued pursuant to section seven hundred seventy-six or seven hundred seventy-seven of this article, which shall be open …

§ 780. Waiver void. Any provision of a lease or other agreement whereby any provision of this article for the benefit of a tenant, resident or occupant of a dwelling is waived, shall be deemed against public policy and shall be void.

§ 781. "Owner" defined. As used in this article, the term "owner" shall mean and include the owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other p…

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

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

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

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

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

§ 793. Commencement; notice of petition; time and manner of service. 1. The special proceeding prescribed by this article shall be commenced by filing a petition and a notice of petition. The petition shall comply with the requirements of a complaint in an action and shall state…

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

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

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

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

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

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

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

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

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

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

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

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

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

§ 796-k. Presentation or settlement of accounts. The court shall require the keeping of written accounts itemizing the receipts and expenditures for work performed under an order issued pursuant to section seven hundred ninety-six-h or seven hundred ninety-six-i of this article,…

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

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

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

§ 797-a. Person who may maintain proceeding. 1. The proceeding may be maintained by any party, known herein as a tenant, who is an occupant of residential real property for thirty consecutive days or longer under an agreement not created by deed. 2. The proceeding may be maintai…

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

§ 797-c. Commencement; notice of petition; petition. 1. The proceeding shall be commenced by the filing of a notice of petition and petition with the clerk of the court. A notice of petition may be issued by an attorney, judge, or clerk of the court. 2. The notice of petition sh…

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

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