New York Real Property Actions & Proceedings Law Article 7 - SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY

• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 733 - Time of Service; Order to Show Cause.
  1. Except as provided in section 732, relating to a proceeding for non-payment of rent, the notice of petition and petition shall be served at...
• 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...
• 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...
• 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...
• 743 - Answer.
  Except as provided in section 732, relating to a proceeding for non-payment of rent, at the time when the petition is to be heard the...
• 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,...
• 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...
• 746 - Stipulations.
  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...
• 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...
• 747-a - Judgments; Stays.
  In the city of New York, in any non-payment summary proceeding in which the respondent has appeared and the petitioner has obtained a judgment pursuant...
• 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...
• 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...
• 753 - Stay Where Tenant Holds Over in Premises Occupied for Dwelling Purposes in City of New York.
  1. In a proceeding to recover the possession of premises in the city of New York occupied for dwelling purposes, other than a room or...
• 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...
• 756 - Stay of Summary Proceedings or Actions for Rent Under Certain Conditions.
  In the event that utilities are discontinued in any part of a multiple dwelling because of the failure of the landlord or other person having...
• 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...
• 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,...
• 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...
• 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...

Last modified: February 3, 2019