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NEW YORK STATE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
(RPAPL)
ARTICLE 2
GENERAL PROVISIONS GOVERNING REAL PROPERTY ACTIONS
Section 201. State or industrial commissioner as defendant
in certain real property actions.
202. Pleading interest of the state.
202a. Pleading interest of a city.
203. Judgment in action adversely affecting the
title, interest or claim of the state
based upon tax deed.
211. Prevention of waste or damage during
pendency.
221. Compelling delivery of possession of real
property.
231. Sale; notice of; when and how conducted.
232. Purchases by certain officers prohibited;
penalty.
241. Persons bound by judgment in certain actions.
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Sec. 201. STATE TAX COMMISSION, STATE OR INDUSTRIAL COMMISSIONER
AS DEFENDANT IN CERTAIN REAL PROPERTY ACTIONS.
In any action affecting real property upon which the state tax
commission has a lien under the tax law or under a law enacted
pursuant to the authority of the tax law or article two-E of the
general city law, whether or not such lien exists by reason of
the filing or docketing of a warrant under such laws, the state
tax commission may be made a party defendant in the same manner
as a private person. In any action affecting real property upon
which the state has a lien under sections two hundred forty-six-a
and two hundred forty-six-b of the lien law, the state may be
made a party defendant in the same manner as a private person. In
any action affecting real property upon which a lien exists by
reason of the docketing of a warrant pursuant to the unemployment
insurance law, the industrial commissioner may be made a party
defendant in the same manner as a private person.
Sec. 202. PLEADING INTEREST OF THE STATE.
Where the state or any department, bureau, board, commission,
council, officer, agency or instrumentality of the state is
defendant in an action affecting real property, the complaint
shall set forth:
1. Detailed facts showing the particular nature of the interest
in or lien on the real property and the reason for making
the state a party defendant.
2. If the lien exists by virtue of a judgment, other than a
warrant the name of the court, date recorded, clerk's office
in which filed, and names of the parties against whom and in
whose favor recorded. In the case of a warrant, the date
filed or docketed, clerk's office in which filed or
docketed, and names of the parties against whom and in whose
favor issued.
3. If the lien exists by virtue of a provision of law other
than a judgment, the provision of law under which said lien
is created.
4. If the lien is one under articles ten, ten-a, ten-b, ten-c
or twenty-six of the tax law, whether or not such lien
exists by reason of the filing or docketing of a warrant
under such law, the name of each decedent against whose
estate there is an unpaid transfer or estate tax, the date
of death, place of residence at the time of death, heirs at
law and next of kin, whether the decedent died testate or
intestate, whether his estate has been administered, and if
so where.
5. If the lien is one under articles nine, nine-a, nine-b, nine-
c or twenty-seven of the tax law, whether or not such lien
exists by reason of the filing or docketing of a warrant
under such law, the name of the corporation, association,
joint-stock company, unincorporated company, person, or
partnership against whose property there is an unpaid
corporation, license, or franchise tax or penalty. 6. If the
lien is one under article twenty-six-a of the tax law,
whether or not such lien exists by reason of the filing or
docketing of a warrant under such law, the names of the
donees or transferees against whose property there is an
unpaid gift tax.
Sec. 202a PLEADING INTEREST OF A CITY.
Where a city or any department, bureau, board, commission,
officer, agency or instrumentality thereof is a defendant in an
action affecting real property, the complaint shall set forth:
1. Detailed facts showing the particular nature of the interest
in or lien on the real property and the reason for making
such city a party-defendant.
2. If the lien exists by virtue of a judgment, the name of the
court, date recorded, clerk's office in which filed, the
names of the parties against whom and in whose favor such
judgment was recovered and a brief description of the
grounds for or the nature of such judgment.
3. If the lien exists by virtue of a provision of law other
than a judgment, the provision of law under which said lien
is created.
Sec. 203. JUDGMENT IN ACTION ADVERSELY AFFECTING THE TITLE,
INTEREST OR CLAIM OF THE STATE BASED UPON TAX DEED.
In any action affecting the title, or the possession, enjoyment
or use of, real property in which one of the parties is the
state, any judgment that may adversely affect the title, interest
or claim of the state based upon a tax deed shall provide in
effect as follows:
1. That the state shall have a lien upon such real property or
part thereof described in such tax deed, prior and superior
to all other liens, (a) for the amount of the unpaid taxes
not adjudged illegal in such action for which such real
property was sold or liable to be sold in the first instance
and for which such tax deed was issued, together with fees,
charges and interest; (b) for the amount of the unpaid taxes
not adjudged illegal in such action for which such real
property was subsequently sold or liable to be sold,
together with fees, charges and interest; (c) for the amount
of all taxes, fees and charges admitted or paid by the state
upon such real property to the date of the entry of such
judgment, together with interest thereon from the date of
such admission or payment. In the determination of the
amount of such lien, establishment of payments of taxes on
said real property by the adjudged or admitted owner of the
property during any of the same years in which payments were
also made by the state shall reduce the lien of the state by
the larger of the two tax payments for each of the years
affected by duplicate payments, and in the event that wholly
identical areas are not affected by the duplicate payments
the court shall have power to apportion and adjust the
amount of the lien as equity may require.
2. That the state may foreclose such lien as a mortgage on real
property is foreclosed, provided such lien remains unpaid
after the expiration of one year from the entry of such
judgment.
The remedy provided by this section for recovery of tax payments
shall be in addition to any other remedy now or hereafter
available in law or in equity.
Sec. 211. PREVENTION OF WASTE OR DAMAGE DURING PENDENCY.
If, during the pendency of an action to recover a judgment
affecting the title to, or the possession, use or enjoyment of,
real property, a party commits waste upon, or does any other
damage to, the property in controversy, the court may grant,
without notice or security, an order restraining him from the
commission of any further waste upon or damage to the property.
Disobedience to such an order may be punished as a contempt of
the court. This section does not affect the right to a permanent
or temporary injunction in such an action.
Sec. 221. COMPELLING DELIVERY OF POSSESSION OF REAL PROPERTY.
Where a judgment affecting the title to, or the possession,
enjoyment or use of, real property allots to any person a
distinct parcel of real property, or contains a direction for the
sale of real property, or confirms such an allotment or sale, it
also may direct the delivery of the possession of the property to
the person entitled thereto. If a party, or his representative or
successor, who is bound by the judgment, withholds possession
from the person thus declared to be entitled thereto, the court,
by order, in its discretion, besides punishing the disobedience
as a contempt, may require the sheriff to put that person into
possession. Such an order shall be executed as if it were an
execution for the delivery of the possession of the property.
Sec. 231. SALE; NOTICE OF; WHEN AND HOW CONDUCTED.
1. A sale of real property made in pursuance of a judgment
affecting the title to, or the possession, enjoyment or use
of, real property, shall be at public auction to the highest
bidder.
2. (a) Notice of such sale shall be given by the officer
making it by publishing a notice of the time and place
of the sale, containing a description of the property
to be sold, in a newspaper published in the county in
which the property is located, or, if there is none, in
a newspaper published in an adjoining county, unless
the property is situated wholly or partly in a city, or
in an incorporated village in which a daily, semi-
weekly or tri-weekly newspaper is published, and, in
that case, by publishing notice of the sale in such a
daily, semi-weekly or tri-weekly paper, except that
where such real property is located in a county within
the city of New York such publication shall be in a
daily newspaper published within such county, or in a
weekly paper published in a city or in such
incorporated village. If the property be situated in a
city, or a village in which no newspaper is published
daily, semi-weekly or tri-weekly, and there be an
adjoining city or village in the same or another
county, in which a newspaper is published, daily, semi-
weekly or tri-weekly, such notice may be published in
such daily, semi-weekly or tri-weekly newspaper of the
latter city or village or in a weekly newspaper of such
city. In each case, publication may be either once in
each week for four successive weeks or at least twice
in each week for three successive weeks preceding the
original date fixed for the sale. If the publication is
for three weeks, such sale shall take place on any day
on or after the twenty-first day and on or before the
twenty-eighth day after the day of the first
publication; and if the publication is for four weeks
such sale shall take place on any day on or after the
twenty-eighth day and on or before the thirty-fifth day
after the day of the first publication. Any period of
seven successive days shall constitute a week under
this section.
(b) Where the property is situated wholly outside a
city or an incorporated village referred to in
subparagraph (a) of this subdivision, notice of such
sale shall also be given by posting a copy of the
notice of sale at least twenty-eight days preceding the
original date fixed for the sale in three public places
in the town in which the property is located, and, if
the sale is to be held in another town or in a city, in
three public places therein.
3. If the officer appointed to make such sale does not appear
at the time and place where such sale has been advertised to
take place, the attorney for the plaintiff may postpone or
adjourn such sale not to exceed four weeks, during which
time such attorney may make application to the court to have
another person appointed to make such sale. Notice of
postponement of the sale shall be posted at least three days
prior to the postponed date in the same places as the
original notice of sale when posting of the notice of sale
is required, and shall be published once at least three days
prior to the postponed date in the newspaper in which the
notice of sale was originally published.
4. The terms of the sale shall be made known at the sale, and
if the property or any part thereof is to be sold subject to
the right of dower, charge or lien, that fact shall be
declared at the time of the sale.
5. If the property consists of two or more distinct buildings,
farms or lots, they shall be sold separately, unless
otherwise ordered by the court; but where two or more
buildings are situated in the same city lot, they shall be
sold together.
6. At any time within one year after the sale, but not
thereafter, the court, upon such terms as may be just, may
set the sale aside for failure to comply with the provisions
of this section as to the notice, time or manner of such
sale if a substantial right of a party was prejudiced by the
defect.
Sec. 232. PURCHASES BY CERTAIN OFFICERS PROHIBITED; PENALTY.
No officer making a sale as prescribed in section 231, or
guardian of an infant party, or any person for his benefit,
directly or indirectly, shall purchase or be interested in the
purchase of any of the property sold; except that a guardian,
where he is lawfully authorized to do so, may purchase for the
benefit or in behalf of his ward. The violation of this section
is a misdemeanor; and a purchase made contrary to this section is
void.
Sec. 241. PERSONS BOUND BY JUDGMENT IN CERTAIN ACTIONS.
In an action brought to recover a judgment affecting the title
to, or the possession, use or enjoyment of, real property, all
the proceedings and the judgment shall bind, in addition to the
persons who are bound by the filing of a notice of pendency of
the action pursuant to law, all persons born between the filing
of the notice of pendency and the entry of judgment who would
have been bound by such proceedings if born after such judgment.
