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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 occupied, and no others, are deemed to have been held adversely. |
N.Y. Real Prop. Acts. Law § 521 |
Section 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 cases, and no others: |
1. Where there have been acts sufficiently open to put a reasonably diligent owner on notice.2. Where it has been protected by a substantial enclosure, except as provided in subdivision one of section five hundred forty-three of this article. |
N.Y. Real Prop. Acts. Law § 522 |
Section 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, where there has been no written lease, until the expiration of ten years after the last payment of rent; notwithstanding that the tenant has acquired another title or has claimed to hold adversely to his landlord. But this presumption shall cease after the periods prescribed in this section and such tenant may then commence to hold adversely to his landlord. |
N.Y. Real Prop. Acts. Law § 531 |
Section 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 tenant so occupying the premises has acquired another title or has claimed to hold adversely to the other. But this presumption shall cease after the expiration of ten years of continuous exclusive occupancy by such tenant, personally or by his servant or by his tenant, or immediately upon an ouster by one tenant of the other and such occupying tenant may then commence to hold adversely to his cotenant. |
N.Y. Real Prop. Acts. Law § 541 |
Section 543 - Adverse possession; how affected by acts across a boundary line1. 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 walls, shall be deemed to be permissive and non-adverse.2. Notwithstanding any other provision of this article, the acts of lawn mowing or similar maintenance across the boundary line of an adjoining landowner's property shall be deemed permissive and non-adverse. |
N.Y. Real Prop. Acts. Law § 543 |
Section 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. |
N.Y. Real Prop. Acts. Law § 551 |
Article 6 - ACTION TO RECOVER REAL PROPERTY |
Section 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 the use and occupation of the property for a term not exceeding six years; but the damages shall not include the value of the use of any improvements made by the defendant or those under whom he claims. Where permanent improvements have been made in good faith by the defendant or those under whom he claims, while holding, under color of title, adversely to the plaintiff, the value thereof must be allowed to the defendant in reduction of the damages of the plaintiff, but not beyond the amount of those damages. |
N.Y. Real Prop. Acts. Law § 601 |
Section 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 upon which there stands the exterior wall of a building erected partly upon said strip and partly upon the adjoining lot, and a building has been erected upon land of the plaintiff abutting on the said wall, unless said action be commenced within one year after the completion of the erection of such wall. But an action may be maintained if commenced within the further period of one year, for the recovery of damages by reason of the erection of such wall, and upon the satisfaction of the judgment for such damages the title of the plaintiff to such strip of land shall thereby be transferred to and vest in the defendant. If an action for the recovery of real property or damages is not brought within the period hereby limited therefor, the person in possession of such lands shall be deemed to have an easement in said strip of land so long as the said wall partly erected thereon shall stand, and no longer, and in case of the destruction of such wall the owner of such strip shall have the same right to take or recover the possession thereof as if such wall had never existed.3. By a mortgagee, or his assignee, or other representative. |
N.Y. Real Prop. Acts. Law § 611 |
Section 612 - Where action cannot be maintained; action based on reverter or breach of condition subsequent1. 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 estate in fee conveyed upon special limitation or founded upon a claim of breach of a condition subsequent, other than a condition of a lease for a term of years, unless (a) within ten years after the occurrence of the reverter or the first occurrence of the breach, the plaintiff, or any predecessor in interest then entitled to possession or to exercise the power of termination, shall have served upon the person or persons against whom the action might then have been commenced a written demand that possession be delivered, stating the ground thereof, and the action is commenced within one year thereafter or (b), if no such demand is served, the action is commenced within such ten years.2. Where the reverter or breach occurred before September 1, 1963, an action may be maintained if demand is made as provided in this section before the expiration of ten years computed from the occurrence of the reverter or the first occurrence of the breach, or on or before September 1, 1965, whichever is later, and the action is commenced within one year thereafter or if, without previous demand as provided in this section, the action is commenced before the expiration of ten years computed from the occurrence of the reverter or the first occurrence of the breach, or on or before September 1, 1965, whichever is later.3. The demand shall be served either personally or by mailing the same by certified mail addressed to the person or persons against whom the action might then have been commenced, at his or their last known address or addresses.4. The demand may be made on behalf of an infant by his parent or guardian or by the person with whom he resides, may be made on behalf of an incompetent by the committee of his person or property, and may be made on behalf of a conservatee by the conservator of his property. If the person entitled to maintain the action shall have died, the demand may be made either by the persons succeeding to the right of the decedent, or one of them, or on their behalf by the personal representative of the decedent.5. The demand shall become ineffective unless action to recover possession in accordance therewith is commenced within one year from the date of service thereof. If no action is commenced, or no such demand is served within the time specified in subdivisions 1 or 2, or if the demand served becomes ineffective, it shall be conclusively presumed that the possibility of reverter by reason of which the estate is claimed to have reverted, or the power of termination for breach of the condition which is claimed to have been broken, was extinguished at or before the date when the reverter would have occurred or a right of entry would have accrued by reason of such possibility of reverter or breach of such condition.6. The operation of this section is not affected by any disability, or by the fact that the person against whom the action might have been brought within the period herein provided was during that time a non-resident or absent from the state, and is not affected by any lack of knowledge on the part of any person that the reverter or breach has occurred, unless it is established that the facts upon which the reverter occurred, or the facts constituting the breach, were concealed from the plaintiff or his predecessor in interest by actual fraud. If such fraud be established, the time provided in subdivision 1 or 2 shall commence to run when the facts are discovered by a person entitled to serve the demand as provided in this section.7. This section does not limit any other statute or rule of law or equity by which a possibility of reverter or right of entry is or may be extinguished or rendered unenforceable, or by which an action to recover possession of the property may be extinguished or barred. |
N.Y. Real Prop. Acts. Law § 612 |
Section 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 any case where such an action might be maintained by all. |
N.Y. Real Prop. Acts. Law § 621 |
Section 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 adverse to that of the grantor. |
N.Y. Real Prop. Acts. Law § 623 |
Section 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 adverse to that of the grantor. |
N.Y. Real Prop. Acts. Law § 623 |
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, may maintain an action to recover the property, after the determination of the particular estate. |
N.Y. Real Prop. Acts. Law § 625 |
Section 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 acts of ownership thereupon, or claiming title thereto or an interest therein, at the time of the commencement of the action. Any person claiming title to, or the right to the possession of, the real property sought to be recovered, as landlord, remainderman, reversioner, or otherwise adversely to the plaintiff, may be joined as defendant. |
N.Y. Real Prop. Acts. Law § 631 |
Section 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 total denial of his right. |
N.Y. Real Prop. Acts. Law § 633 |
Section 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. |
N.Y. Real Prop. Acts. Law § 635 |
Section 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 judgment against the defendant under whom they hold, the judgment operates as a transfer to the plaintiff of that defendant's right, title and interest. |
N.Y. Real Prop. Acts. Law § 637 |
Section 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. |
N.Y. Real Prop. Acts. Law § 641 |
Section 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 according to the fact; and the plaintiff is entitled nevertheless to judgment for his damages for the withholding of the property to the time when his right or title so expired. |
N.Y. Real Prop. Acts. Law § 651 |
Section 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 stating for whose life it is, or specifying the duration of the term, if the estate be less than a fee. |
N.Y. Real Prop. Acts. Law § 653 |
Section 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 maintained by the plaintiff against any person who has been in possession of the property, under the defendant's conveyance, to recover the unsatisfied portion of the damages, for a time not exceeding that during which he possessed the property. |
N.Y. Real Prop. Acts. Law § 661 |
Article 7 - SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY |
Section 701 - Jurisdiction; courts; venue1. 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 special proceeding shall be within the jurisdictional area of the court in which the real property or a portion thereof is situated; except that where the property is located in an incorporated village which includes parts of two or more towns the proceeding may be tried by a justice of the peace of any such town who keeps an office in the village. |
N.Y. Real Prop. Acts. Law § 701 |
Section 702 - Rent in a residential dwelling1. 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 agreement. No fees, charges or penalties other than rent may be sought in a summary proceeding pursuant to this article, notwithstanding any language to the contrary in any lease or rental agreement.2. This section shall not apply to a summary proceeding in which the parties are a cooperative housing corporation, other than a cooperative housing corporation subject to the provisions of article two, article four, article five or article eleven of the private housing finance law, and a tenant who is a dwelling unit owner or shareholder of such corporation, provided that the proprietary lease or occupancy agreement between the cooperative housing corporation and the tenant provides for fees, charges, penalties or assessments other than rent to be recoverable in such a proceeding. |
N.Y. Real Prop. Acts. Law § 702 |
Section 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 longer. No tenant or lawful occupant of a dwelling or housing accommodation shall be removed from possession except in a special proceeding. A special proceeding may be maintained under this article upon the following grounds: |
1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satisfaction of the court that the tenant is objectionable.2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him as prescribed in section seven hundred thirty-five of this article. Any person succeeding to the landlord's interest in the premises may proceed under this subdivision for rent due his predecessor in interest if he has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants.3. The tenant, in a city defaults in the payment, for sixty days after the same shall be payable, of any taxes or assessments levied on the premises which he has agreed in writing to pay pursuant to the agreement under which the premises are held, and a demand for payment has been made, or at least three days' notice in writing, requiring in the alternative the payment thereof and of any interest and penalty thereon, or the possession of the premises, has been served upon him, as prescribed in section 735. An acceptance of any rent shall not be construed as a waiver of the agreement to pay taxes or assessments.4. The tenant, under a lease for a term of three years or less, has during the term taken the benefit of an insolvency statute or has been adjudicated a bankrupt.5. The premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business.6. The tenant, in a city having a population of one million or more, removes the batteries or otherwise disconnects or makes inoperable an installed smoke or fire detector which the tenant has not requested be moved from its location so as not to interfere with the reasonable use of kitchen facilities provided that the court, upon complaint thereof, has previously issued an order of violation of the provisions heretofore stated and, subsequent to the thirtieth day after service of such order upon the tenant, an official inspection report by the appropriate department of housing preservation and development is presented, in writing, indicating non-compliance herewith; provided further, that the tenant shall have the additional ten day period to cure such violation in accordance with the provisions of subdivision four of section seven hundred fifty-three of this chapter. |
N.Y. Real Prop. Acts. Law § 711 |
Section 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 sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected.2. He occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired.3. He or the person to whom he has succeeded has intruded into or squatted upon the property without the permission of the person entitled to possession and the occupancy has continued without permission or permission has been revoked and notice of the revocation given to the person to be removed.4. The property has been sold for unpaid taxes and a tax deed has been executed and delivered to the purchaser and he or any subsequent grantee, distributee or devisee claiming title through such purchaser has complied with all provisions of law precedent to the right to possession and the time of redemption by the former owner or occupant has expired.5. Subject to the rights and obligations set forth in section thirteen hundred five of this chapter, the property has been sold in foreclosure and either the deed delivered pursuant to such sale, or a copy of such deed, certified as provided in the civil practice law and rules, has been exhibited to him.6. He is the tenant of a life tenant of the property, holding over and continuing in possession of the property after the termination of the estate of such life tenant without the permission of the person entitled to possession of the property upon termination of the life estate.7. He is a licensee of the person entitled to possession of the property at the time of the license, and (a) his license has expired, or (b) his license has been revoked by the licensor, or (c) the licensor is no longer entitled to possession of the property; provided, however, that a mortgagee or vendee in possession shall not be deemed to be a licensee within the meaning of this subdivision.8. The owner of real property, being in possession of all or a part thereof, and having voluntarily conveyed title to the same to a purchaser for value, remains in possession without permission of the purchaser.9. A vendee under a contract of sale, the performance of which is to be completed within ninety days after its execution, being in possession of all or a part thereof, and having defaulted in the performance of the terms of the contract of sale, remains in possession without permission of the vendor.10. The person in possession has entered the property or remains in possession by force or unlawful means and he or his predecessor in interest was not in quiet possession for three years before the time of the forcible or unlawful entry or detainer and the petitioner was peaceably in actual possession at the time of the forcible or unlawful entry or in constructive possession at the time of the forcible or unlawful detainer; no notice to quit shall be required in order to maintain a proceeding under this subdivision.11. The person in possession entered into possession as an incident to employment by petitioner, and the time agreed upon for such possession has expired or, if no such time was agreed upon, the employment has been terminated; no notice to quit shall be required in order to maintain the proceeding under this subdivision. |
N.Y. Real Prop. Acts. Law § 713 |
Section 715 - Grounds and procedure where use or occupancy is illegal1. 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 whole or in part as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade, business or manufacture, or any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the state department of social services and possesses a certificate from such department of such fact and of conformity with regulations of the department, or 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, ordinance, code, rule or regulation relating to buildings, may serve personally upon the owner or landlord of the premises so used or occupied, or upon his agent, a written notice requiring the owner or landlord to make an application for the removal of the person so using or occupying the same. If the owner or landlord or his agent does not make such application within five days thereafter; or, having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving the notice may bring a proceeding under this article for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the inmates thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Both the person in possession of the property and the owner or landlord shall be made respondents in the proceeding.2. For purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law arising out of conduct engaged in at the same real property consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of conduct constituting use of the premises for purposes of prostitution.3. For the purposes of this section, two or more convictions of any person or persons had, within a period of one year, for any of the offenses described in section 225.00225.05225.10225.15225.20225.30225.32225.35 or 225.40 of the penal law, arising out of conduct engaged in at the same premises consisting of a dwelling as that term is defined in subdivision four of section four of the multiple dwelling law shall be presumptive evidence of unlawful use of such premises and of the owner's knowledge of the same.4. A court granting a petition pursuant to this section may, in addition to any other order provided by law, make an order imposing and requiring the payment by the respondent of a civil penalty not exceeding five thousand dollars to the municipality in which the subject premises is located and, the payment of reasonable attorneys fees and the costs of the proceeding to the petitioner. In any such case multiple respondents shall be jointly and severally liable for any payment so ordered and the amounts of such payments shall constitute a lien upon the subject realty.5. For the purposes of a proceeding under this section, an enforcement agency of the state or of a subdivision thereof, which may commence a proceeding under this section, may subpoena witnesses, compel their attendance, examine them under oath before himself or a court and require that any books, records, documents or papers relevant or material to the inquiry be turned over to him for inspection, examination or audit, pursuant to the civil practice law and rules. If a person subpoenaed to attend upon such inquiry fails to obey the command of a subpoena without reasonable cause, or if a person in attendance upon such inquiry shall, without reasonable cause, refuse to be sworn or to be examined or to answer a question or to produce a book or paper, when ordered to do so by the officer conducting such inquiry, he shall be guilty of a class B misdemeanor. |
N.Y. Real Prop. Acts. Law § 715 |
Section 715-A - Grounds and procedure for removal of commercial tenants for unlicensed cannabis retail sale1. 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, ordinance, code, rule or regulation relating to buildings, or the cannabis control board, office of cannabis management or the attorney general pursuant to section one hundred thirty-eight-a of the cannabis law, may serve personally upon the owner or landlord of real property authorized or otherwise intended or advertised, in whole or part, for use to buy, sell or otherwise provide goods or services, or for other business, commercial, professional services or manufacturing activities, or upon their agent, a written notice requiring the owner or landlord to make an application for the removal of a commercial tenant so using or occupying the same for a violation of article two hundred twenty-two of the penal law or article six of the cannabis law involving the unlicensed sale of cannabis, where such property, or the portion thereof being used for such unlicensed activity, is not occupied for any other licensed or lawful purpose. If the owner or landlord or their agent does not make such application within five days thereafter; or, having made it, does not in good faith diligently prosecute it, the enforcement agency giving the notice may bring a proceeding under this article for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by them and not prosecuted diligently and in good faith. An enforcement agency authorized to bring a petition hereunder may do so on their own initiative or upon a referral from an agency of the state or a subdivision thereof. The person in possession of the property, as well as any lessee or sublessee and the owner or landlord shall be made respondents in the proceeding.2. A court, upon a finding of such violation may, in addition to any other order provided by law: (a) grant a petition pursuant to this section ordering the immediate removal of such tenant;(b) impose and require the payment by any respondent not otherwise subject to a civil penalty under section sixteen or one hundred twenty-five of the cannabis law, who has been found to have knowingly permitted such a violation, a civil penalty not exceeding three times the amount of rent charged for the duration of the violation;(c) order the payment of reasonable attorneys fees and the costs of the proceeding to the petitioner; and(d) order that any such multiple respondents shall be jointly and severally liable for any payment so ordered under this subdivision.3. For the purposes of a proceeding under this section, an enforcement agency of the state or of a subdivision thereof, which may commence a proceeding under this section, may subpoena witnesses, compel their attendance, examine them under oath before themselves or a court and require that any books, records, documents or papers relevant or material to the inquiry be turned over to them for inspection, examination or audit, pursuant to the civil practice law and rules.4. The use or occupancy of premises solely or primarily for the unlicensed retail sale of cannabis shall constitute an illegal trade, manufacture, or other business for the purposes of section two hundred thirty-one of the real property law. |
N.Y. Real Prop. Acts. Law § 715-A |
Section 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 over.3. The purchaser upon the execution or foreclosure sale, or the purchaser on a tax sale to whom a deed has been executed and delivered or any subsequent grantee, distributee or devisee claiming title through such purchaser.4. The person forcibly put out or kept out.5. The person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement to cultivate the property upon shares or for a share of the crops.6. The person lawfully entitled to the possession of property intruded into or squatted upon.7. The person entitled to possession of the property occupied by a licensee who may be dispossessed.8. The person, corporation or law enforcement agency authorized by this article to proceed to remove persons using or occupying premises for illegal purposes.9. The receiver of a landlord, purchaser or other person so entitled to apply, when authorized by the court.10. The lessee of the premises, entitled to possession.11. Not-for-profit corporations, and tenant associations authorized in writing by the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city to manage residential real property owned by such city. |
N.Y. Real Prop. Acts. Law § 721 |
Section 731 - Commencement; notice of petition1. 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 prosecuting the proceeding in person.2. Except as provided in section 732, relating to a proceeding for non-payment of rent, the notice of petition shall specify the time and place of the hearing on the petition and state that if respondent shall fail at such time to interpose and establish any defense that he may have, he may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action.3. In the city of New York, when the petitioner seeks to make an application pursuant to subdivision two of section seven hundred forty-five of this article, the notice of petition shall advise the respondent of the requirements of subdivision two of section seven hundred forty-five of this article.4. In an action premised on a tenant defaulting in the payment of rent, payment to the landlord of the full amount of rent due, when such payment is made at any time prior to the hearing on the petition, shall be accepted by the landlord and renders moot the grounds on which the special proceeding was commenced. |
N.Y. Real Prop. Acts. Law § 731 |
Section 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 respondent has defaulted in the payment of rent; in such event, all other provisions of this article shall remain applicable in such proceeding, except to the extent inconsistent with the provisions of this section. |
1. The notice of petition shall be returnable before the clerk, and shall be made returnable within ten days after its service.2. If the respondent answers, the clerk shall fix a date for trial or hearing not less than three nor more than eight days after joinder of issue, and shall immediately notify by mail the parties or their attorneys of such date. If the determination be for the petitioner, the issuance of a warrant shall not be stayed for more than five days from such determination, except as provided in section seven hundred fifty-three of this article.3. If the respondent fails to answer within ten days from the date of service, as shown by the affidavit or certificate of service of the notice of petition and petition, the judge shall render judgment in favor of the petitioner and may stay the issuance of the warrant for a period of not to exceed ten days from the date of service, except as provided in section seven hundred fifty-three of this article.4. The notice of petition shall advise the respondent of the requirements of subdivisions 1, 2 and 3, above. |
N.Y. Real Prop. Acts. Law § 732 |
Section 733 - Time of service; order to show cause1. 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 time at which the petition is noticed to be heard.2. The court may grant an order to show cause to be served in lieu of a notice of petition. If the special proceeding is based upon the ground specified in subdivision 1 of section 711, and the order to show cause is sought on the day of the expiration of the lease or the next day thereafter, it may be served at a time specified therein which shall be at least two hours before the hour at which the petition is to be heard. |
N.Y. Real Prop. Acts. Law § 733 |
Section 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 commenced against a residential tenant in accordance with the provisions of this article shall be served upon the county commissioner of social services. Such service shall be made by certified mail, return receipt requested, directed to an address set forth in the local law, or pursuant to the provisions of the civil practice law and rules. Such service shall be made at least five days before the return date set in the notice of petition. Proof of such service shall be filed with the court. Failure to serve the commissioner shall not be a jurisdictional defect, and shall not be a defense to a proceeding brought pursuant to the provisions of this article. |
N.Y. Real Prop. Acts. Law § 734 |
Section 735 - Manner of service; filing; when service complete1. 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 employed at the property sought to be recovered, a copy of the notice of petition and petition, if upon reasonable application admittance can be obtained and such person found who will receive it; or if admittance cannot be obtained and such person found, by affixing a copy of the notice and petition upon a conspicuous part of the property sought to be recovered or placing a copy under the entrance door of such premises; and in addition, within one day after such delivering to such suitable person or such affixing or placement, by mailing to the respondent both by registered or certified mail and by regular first class mail, (a) if a natural person, as follows: at the property sought to be recovered, and if such property is not the place of residence of such person and if the petitioner shall have written information of the residence address of such person, at the last residence address as to which the petitioner has such information, or if the petitioner shall have no such information, but shall have written information of the place of business or employment of such person, to the last business or employment address as to which the petitioner has such information; and(b) if a corporation, joint-stock or other unincorporated association, as follows: at the property sought to be recovered, and if the principal office or principal place of business of such corporation, joint stock or other unincorporated association is not located on the property sought to be recovered, and if the petitioner shall have written information of the principal office or principal place of business within the state, at the last place as to which petitioner has such information, or if the petitioner shall have no such information but shall have written information of any office or place of business within the state, to any such place as to which the petitioner has such information. Allegations as to such information as may affect the mailing address shall be set forth either in the petition, or in a separate affidavit and filed as part of the proof of service.2. The notice of petition, or order to show cause, and petition together with proof of service thereof shall be filed with the court or clerk thereof within three days after; (a) personal delivery to respondent, when service has been made by that means, and such service shall be complete immediately upon such personal delivery; or(b) mailing to respondent, when service is made by the alternatives above provided, and such service shall be complete upon the filing of proof of service. |
N.Y. Real Prop. Acts. Law § 735 |
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 civil practice law and rules. An attorney of such person may verify the petition on information and belief notwithstanding the fact that such person is in the county where the attorney has his office. Every petition shall: |
1. State the interest of the petitioner in the premises from which removal is sought.2. State the respondent's interest in the premises and his relationship to petitioner with regard thereto.3. Describe the premises from which removal is sought.4. State the facts upon which the special proceeding is based.5. State the relief sought. The relief may include a judgment for rent due, and for a period of occupancy during which no rent is due, for the fair value of use and occupancy of the premises if the notice of petition contains a notice that a demand for such a judgment has been made.6. In the city of Albany, where the premises from which removal is sought is subject to a local law requiring the registration of said premises as a condition of legal rental, allege proof of compliance with such local law. |
N.Y. Real Prop. Acts. Law § 741 |
Section 741 - [Effective 1232024] Contents of petition |
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