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NEW YORK STATE
REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
(RPAPL)

ARTICLE 7

SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY

Section   701.      Jurisdiction; courts; venue.

          711.      Grounds where landlord-tenant
                    relationship exists.

          713.      Grounds where no landlord-tenant
                    relationship exists.

          713a.     Special proceeding for termination
                    of adult home and residence for adults
                    admission agreements.

          715.      Grounds and procedure where use or
                    occupancy is illegal.

          721.      Person who may maintain proceeding.

          731.      Commencement; notice of petition.

          732.      Special provisions applicable in non-
                    payment proceeding if the rules so provide.

          733.      Time of service; order to show cause.

          734.      Notice of petition; service on the
                    Westchester county department of social
                    services.

          735.      Manner of service; filing; when service
                    complete.

          741.      Contents of petition.

          743.      Answer.

          745.      Trial.

          747.      Judgment.

          749.      Warrant.

          751.      Stay upon paying rent or giving
                    undertaking; discretionary stay outside city
                    of New York.

          753.      Stay where tenant holds over in premises
                    occupied for dwelling purposes in city of New
                    York.

          755.      Stay of proceeding or action for rent
                    upon failure to make repairs.

          756.      Stay of summary proceedings or actions
                    for rent under certain conditions.

          761.      Redemption by lessee.

          763.      Redemption by creditor of lessee.

          765.      Effect of redemption upon lease.

          767.      Order of redemption; liability of
                    persons redeeming.

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Sec. 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 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.


Sec. 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; he shall not 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
     demand of the rent has been made, or at least three days'
     notice in writing requiring, in the alternative, the payment
     of the rent, or the possession of the premises, has been
     served upon him as prescribed in section 735. The landlord
     may waive his right to proceed upon this ground only by an
     express consent in writing to permit the tenant to continue
     in possession, which consent shall be revocable at will, in
     which event the landlord shall be deemed to have waived his
     right to summary dispossess for nonpayment of rent accruing
     during the time said consent remains unrevoked. 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 no representative or person has taken possession of the
     premises and no administrator or executor has been
     appointed, the proceeding may be commenced after three
     months from the date of death of the tenant by joining the
     surviving spouse or if there is none, then one of the
     surviving issue or if there is none, then any one of the
     distributees.

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.


Sec. 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.   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.


Sec. 713a. 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 be maintained in a court of competent
jurisdiction pursuant to the provisions of section four hundred
sixty-one-h of the social services law and nothing contained in
such section shall be construed to create a relationship of
landlord and tenant between the operator of an adult home or
residence for adults and a resident thereof.


Sec. 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 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, 230.20,
     230.25, 230.30 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 225.00, 225.05,
     225.10, 225.15, 225.20, 225.30, 225.32, 225.35 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.


Sec. 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.


Sec. 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 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.


Sec. 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 five 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.

3.   If the respondent fails to answer within five 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.

4.   The notice of petition shall advise the respondent of the
     requirements of subdivisions 1, 2 and 3, above.


Sec. 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 least five and not more than twelve 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.


Sec. 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.


Sec. 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 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.


Sec. 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 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.


Sec. 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 respondent, or any person in possession or claiming
possession of the premises, may answer, orally or in writing. If
the answer is oral the substance thereof shall be indorsed upon
the petition. 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 be made at least three days before
the time the petition is noticed to be heard and, if in writing,
it shall be served within such time; whereupon any reply shall be
served at least one day before such time. The answer may contain
any legal or equitable defense, or counterclaim. The court may
render affirmative judgment for the amount found due on the
counterclaim.


Sec. 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 heard, a party demands a trial by jury, in which case
     trial shall be by jury. At the time when issue is joined the
     court, in its discretion at the request of either party and
     upon proof to its satisfaction by affidavit or orally that
     an adjournment is necessary to enable the applicant to
     procure his necessary witnesses, or by consent of all the
     parties who appear, may adjourn the trial of the issue, but
     not more than ten days, except by consent of all parties.

2.   In the city of New York:

     (a)  In a summary proceeding upon the second request by the
          tenant for an adjournment, the court shall direct that
          the tenant post all sums as they become due for future
          rent and use and occupancy, which may be established
          without the use of expert testimony, unless waived by
          the court for good cause shown. Two adjournments shall
          not include an adjournment requested by a tenant
          unrepresented by counsel for the purpose of securing
          counsel made on the initial return date of the
          proceeding. Such future rent and use and occupancy sums
          shall be deposited with the clerk of the court or paid
          to such other person or entity, including the
          petitioner, as the court shall direct or shall be
          expended for such emergency repairs as the court shall
          approve.

     (b)  In any adjournment of a summary proceeding, other than
          on consent or at the request of the petitioner, the
          court shall at the petitioner's request state on the
          record why for good cause shown it is not directing the
          tenant to pay or post all sums demanded pursuant to a
          lease or rental agreement in the proceeding as rent and
          use and occupancy.

     (c)  The provisions of this subdivision shall not apply if
          the housing accommodation in question or the public
          areas pertaining thereto are charged with immediately
          hazardous violations of record as defined by the New
          York city housing maintenance code.

     (d)  The court may dismiss any summary proceeding without
          prejudice and with costs to the respondent by reason of
          excessive adjournments requested by the petitioner.

     (e)  The provisions of this subdivision shall not be
          construed as to deprive a tenant of a trial of any
          summary proceeding.


Sec. 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 the costs of the special
     proceeding.

2.   The judgment shall not bar an action to recover the
     possession of real property. The judgment shall not bar an
     action, proceeding or counterclaim, commenced or interposed
     within sixty days of entry of the judgment, for affirmative
     equitable relief which was not sought by counterclaim in the
     proceeding because of the limited jurisdiction of the court.

3.   If the proceeding is founded upon an allegation of forcible
     entry or forcible holding out the court may award to the
     successful party a fixed sum as costs, not exceeding fifty
     dollars, in addition to his disbursements.

4.   The judgment, including such money as it may award for rent
     or otherwise, may be docketed in such books as the court
     maintains for recording the steps in a summary proceeding;
     unless a rule of the court, or the court by order in a given
     case, otherwise provides, such judgment need not be recorded
     or docketed in the books, if separately maintained, in which
     are docketed money judgments in an action.


Sec. 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 or marshal of the city in which the
     property, or a portion thereof, is situated, or, if it is
     not situated in a city, to any constable of any town in the
     county, describing the property, and commanding the officer
     to remove all persons, and, except where the case is within
     section 715, to put the petitioner into full possession.

2.   The officer to whom the warrant is directed and delivered
     shall give at least seventy-two hours notice, in writing and
     in the manner prescribed in this article for the service of
     a notice of petition, to the person or persons to be evicted
     or dispossessed and shall execute the warrant between the
     hours of sunrise and sunset.

3.   The issuing of a warrant for the removal of a tenant cancels
     the agreement under which the person removed held the
     premises, and annuls the relation of landlord and tenant,
     but nothing contained herein shall deprive the court of the
     power to vacate such warrant for good cause shown prior to
     the execution thereof. Petitioner may recover by action any
     sum of money which was payable at the time when the special
     proceeding was commenced and the reasonable value of the use
     and occupation to the time when the warrant was issued, for
     any period of time with respect to which the agreement does
     not make any provision for payment of rent.


Sec. 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 follows:

1.   Where the lessee or tenant holds over after a default in the
     payment of rent, or of taxes or assessments, he may effect a
     stay by depositing the amount of the rent due or of such
     taxes or assessments, and interest and penalty, if any
     thereon due, and the costs of the special proceeding, with
     the clerk of the court, or where the office of clerk is not
     provided for, with the court, who shall thereupon, upon
     demand, pay the amount deposited to the petitioner or his
     duly authorized agent; or by delivering to the court or
     clerk his undertaking to the petitioner in such sum as the
     court approves to the effect that he will pay the rent, or
     such taxes or assessments, and interest and penalty and
     costs within ten days, at the expiration of which time a
     warrant may issue, unless he produces to the court
     satisfactory evidence of the payment.

2.   Where the lessee or tenant has taken the benefit of an
     insolvency statute or has been adjudicated a bankrupt, he
     may effect a stay by paying the costs of the special
     proceeding and by delivering to the court or clerk his
     undertaking to the petitioner in such a sum as the court
     approves to the effect that he will pay the rent of the
     premises as it has become or thereafter becomes due.

3.   Where he continues in possession of real property which has
     been sold by virtue of an execution against his property, he
     may effect a stay by paying the costs of the special
     proceeding, and delivering to the court or clerk an
     affidavit that he claims the possession of the property by
     virtue of a right or title acquired after the sale or as
     guardian or trustee for another; together with his
     undertaking to the petitioner in such a sum as the court
     approves to the effect that he will pay any costs and
     damages which may be recovered against him in an action to
     recover the property brought against him by the petitioner
     within six months thereafter; and that he will not commit
     any waste upon or injury to the property during his
     occupation thereof.

4.   (a)  In a proceeding to recover the possession of
          premises outside the city of New York occupied for
          dwelling purposes, other than a room or rooms in an
          hotel, lodging house or rooming house, upon the ground
          that the occupant is holding over and continuing in
          possession of the premises after the expiration of his
          term and 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, the court, on
          application of the occupant, may stay the issuance of a
          warrant and also stay any execution to collect the
          costs of the proceeding for a period of not more than
          four months, if it appears that the premises described
          in the petition are used for dwelling purposes; that
          the application is made in good faith; that the
          applicant cannot within the neighborhood secure
          suitable premises similar to those occupied by him and
          that he made due and reasonable efforts to secure such
          other premises, or that by reason of other facts it
          would occasion extreme hardship to him or his family if
          the stay were not granted.

     (b)  Such stay shall be granted and continue effective only
          upon the condition that the person against whom the
          judgment is entered shall make a deposit in court of
          the entire amount, or such installments thereof from
          time to time, as the court may direct, for the
          occupation of the premises for the period of the stay,
          at the rate for which he was liable as rent for the
          month immediately prior to the expiration of his term
          or tenancy, plus such additional amount, if any, as the
          court may determine to be the difference between such
          rent and the reasonable rent or value of the use and
          occupation of the premises; such deposit shall also
          include all rent unpaid by the occupant prior to the
          stay.

          The amount of such deposit shall be determined by the
          court upon the application for the stay and such
          determination shall be final and conclusive in respect
          to the amount of such deposit, and the amount thereof
          shall be paid into court, in such manner and in such
          installments, if any, as the court may direct. A
          separate account shall be kept of the amount to the
          credit of each proceeding, and all such payments shall
          be deposited in a bank or trust company and shall be
          subject to the check of the clerk of the court, if
          there be one, or otherwise of the court. The clerk of
          the court, if there be one, and otherwise the court
          shall pay to the landlord or his duly authorized agent,
          the amount of such deposit in accordance with the terms
          of the stay or the further order of the court.

     (c)  The provisions of this subdivision shall not apply to a
          proceeding where the petitioner shows to the
          satisfaction of the court that he desires in good faith
          to recover the premises for the purposes of demolishing
          same with the intention of constructing a new building,
          plans for which new building shall have been duly filed
          and approved by the proper authority; nor shall it
          apply to a proceeding to recover possession upon the
          ground that an occupant is holding over and is
          objectionable if the landlord shall establish to the
          satisfaction of the court that such occupant is
          objectionable.

     (d)  Any provision of a lease or other agreement whereby a
          lessee or tenant waives any provision of this
          subdivision shall be deemed against public policy and
          void.

     (e)  The provisions of this subdivision shall continue in
          effect only until September first, nineteen hundred
          sixty-seven.


Sec. 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 rooms in an hotel, lodging house, or rooming
     house, upon the ground that the occupant is holding over and
     continuing in possession of the premises after the
     expiration of his term and 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, the
     court, on application of the occupant, may stay the issuance
     of a warrant and also stay any execution to collect the
     costs of the proceeding for a period of not more than six
     months, if it appears that the premises are used for
     dwelling purposes; that the application is made in good
     faith; that the applicant cannot within the neighborhood
     secure suitable premises similar to those occupied by him
     and that he made due and reasonable efforts to secure such
     other premises, or that by reason of other facts it would
     occasion extreme hardship to him or his family if the stay
     were not granted.

2.   Such stay shall be granted and continue effective only upon
     the condition that the person against whom the judgment is
     entered shall make a deposit in court of the entire amount,
     or such installments thereof from time to time as the court
     may direct, for the occupation of the premises for the
     period of the stay, at the rate for which he was liable as
     rent for the month immediately prior to the expiration of
     his term or tenency, plus such additional amount, if any, as
     the court may determine to be the difference between such
     rent and the reasonable rent or value of the use and
     occupation of the premises; such deposit shall also include
     all rent unpaid by the occupant prior to the period of the
     stay. The amount of such deposit shall be determined by the
     court upon the application for the stay and such
     determination shall be final and conclusive in respect to
     the amount of such deposit, and the amount thereof shall be
     paid into court, in such manner and in such installments, if
     any, as the court may direct. A separate account shall be
     kept of the amount to the credit of each proceeding, and all
     such payments shall be deposited in a bank or trust company
     and shall be subject to the check of the clerk of the court,
     if there be one, or otherwise of the court. The clerk of the
     court, if there be one, and otherwise the court shall pay to
     the landlord or his duly authorized agent, the amount of
     such deposit in accordance with the terms of the stay or the
     further order of the court.

3.   The provisions of this section shall not apply to a
     proceeding where the petitioner shows to the satisfaction of
     the court that he desires in good faith to recover the
     premises for the purpose of demolishing same with the
     intention of constructing a new building, plans for which
     new building shall have been duly filed and approved by the
     proper authority; nor shall it apply to a proceeding to
     recover possession upon the ground that an occupant is
     holding over and is objectionable if the landlord shall
     establish to the satisfaction of the court that such
     occupant is objectionable.

4.   In the event that such proceeding is based upon a claim that
     the tenant or lessee has breached a provision of the lease,
     the court shall grant a ten day stay of issuance of the
     warrant, during which time the respondent may correct such
     breach.

5.   Any provision of a lease or other agreement whereby a lessee
     or tenant waives any provision of this section shall be
     deemed against public policy and void.


Sec. 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 of the multiple
          dwelling law, the multiple residence law, or any other
          applicable local housing code, or officer or officers
          thereof charged with the supervision of such matters,
          if the condition against which such notice or order is
          directed is, in the opinion of the court, such as to
          constructively evict the tenant from a portion of the
          premises occupied by him, or is, or is likely to
          become, dangerous to life, health, or safety, the court
          before which the case is pending may stay proceedings
          to dispossess the tenant for non-payment of rent or any
          action for rent or rental value. In any such
          proceeding, on the question of fact, as to the
          condition of the dwelling the landlord or petitioner
          shall have the burden of disproving the condition of
          the dwelling as such condition is described in the
          notice or order.

     (b)  Upon proper proof of the existence of a condition that
          is in the opinion of the court, such as to
          constructively evict the tenant from a portion of the
          premises occupied by him, or is or is, likely to
          become, dangerous to life, health, or safety, the court
          before which the case is pending may stay proceedings
          to dispossess the tenant for non-payment of rent, or
          any action for rent or rental value.

     (c)  The court shall in no case grant a stay where it
          appears that the condition against which the notice or
          order is directed has been created by the willful or
          negligent act of the tenant or his agent. Such stay
          shall continue in force, until an order shall be made
          by the court vacating it, but no order vacating such
          stay shall be made, except upon three days' notice of
          hearing to the tenant, or respondent, or his attorney,
          and proof that such notice or order has been complied
          with.

2.   The tenant or respondent shall not be entitled to the stay
     unless he shall deposit with the clerk of the court the rent
     then due, which shall, for the purposes of this section, be
     deemed the same as the tenant was liable for during the
     preceding month or such as is reserved as the monthly rent
     in the agreement under which he obtained possession of the
     premises. The stay may be vacated upon three days' notice
     upon failure to deposit with the clerk the rent within five
     days after it is due, during the pendency of the proceeding
     or action.

3.   During the continuance of the stay, the court may direct, in
     its discretion, upon three days notice to all parties, the
     release to a contractor or materialman of all or such part
     of the moneys on deposit as shall be sufficient to pay bills
     properly presented by such contractor or materialman for the
     maintenance of and necessary repairs to the building
     (including but not limited to payments for fuel,
     electricity, gas, janitorial services and repairs necessary
     to remove violations), upon a showing by the tenant that the
     landlord is not meeting his legal obligations therefor or
     direct such release to a municipal department to pay bills
     and expenses for such maintenance and repairs upon a showing
     that the landlord did not meet his legal obligation to
     provide such maintenance or perform repairs and that the
     department incurred expenses therefor. Upon the entry of an
     order vacating the stay the remaining money deposited shall
     be paid to the plaintiff or landlord or his duly authorized
     agent.

4.   Neither party shall be entitled to any costs in any
     proceeding or action wherein the stay shall be granted
     except that costs may be awarded against the tenant or
     defendant in the discretion of the court in the event the
     condition complained of shall be found to be due to the
     willful act of the tenant or defendant, such costs, however,
     not to exceed the sum of twenty-five dollars.


Sec. 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 control of said multiple dwelling to pay for
utilities for which he may have contracted, any proceeding to
dispossess a tenant from said building or an action against any
tenant of said building for rent shall be stayed until such time
as the landlord or person having control of said multiple
dwelling pays the amount owing for said utilities and until such
time as the utilities are restored to working order.


Sec. 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 issued the
lessee, his executor, administrator or assignee, at any time
within one year after the execution of the warrant, unless by the
terms of the lease such lessee shall have waived his right to
redeem, or such lessee, executor, administrator or assignee shall
have subsequently waived the right to redeem by a written
instrument filed and recorded in the office in which the lease is
recorded, or if not so recorded, in the office in which deeds are
required to be recorded of the county in which the leased
premises are located, may pay or tender to the petitioner, his
heir, executor, administrator or assignee, or if, within five
days before the expiration of the year he cannot be found with
reasonable diligence within the city or town wherein the property
or a portion thereof is situated, then to the court which issued
the warrant, all rent in arrears at the time of the payment or
tender with interest thereupon and the costs and charges incurred
by the petitioner. Thereupon the person making the payment or
tender shall be entitled to the possession of the demised
premises under the lease and may hold and enjoy the same
according to the terms of the original demise, except as
otherwise prescribed in section 765.


Sec. 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 was issued,
unless by the terms of the lease the lessee shall have waived his
right to redeem, or such lessee, or his executor, administrator
or assignee shall have subsequently waived the right to redeem by
a written instrument filed and recorded in the office in which
the lease is recorded, or if not so recorded, in the office in
which deeds are required to be recorded of the county in which
the leased premises are located, before such judgment was
docketed or such mortgage recorded, or such judgment creditor or
mortgagee himself shall have waived in writing his right to
redeem, may at any time before the expiration of one year after
the execution of the warrant, unless a redemption has been made
as prescribed in section 761, file with the court which issued
the warrant a notice specifying his interest and the sum due to
him, describing the premises, and stating that it is his
intention to redeem as prescribed in this section. If a
redemption is not made by the lessee, his executor, administrator
or assignee within a year after the execution of the warrant, the
person so filing a notice, or, if two or more persons have filed
such notices the one who holds the first lien, at any time before
two o'clock of the day, not a Sunday or a public holiday, next
succeeding the last day of the year, may redeem for his own
benefit in like manner as the lessee, his executor, administrator
or assignee might have so redeemed. Where two or more judgment
creditors or mortgagees have filed such notices, the holder of
the second lien may so redeem at any time before two o'clock of
the day, not a Sunday or a public holiday, next succeeding that
in which the holder of the first lien might have redeemed; and
the holder of the third and each subsequent lien may redeem in
like manner at any time before two o'clock of the day, not a
Sunday or a public holiday, next succeeding that in which his
predecessor might have redeemed. But a second or subsequent
redemption is not valid unless the person redeeming pays or
tenders to each of his predecessors who has redeemed the sum paid
by him to redeem and also the sum due upon his judgment or
mortgage; or deposits those sums with the court for the benefit
of his predecessor or predecessors.


Sec. 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, or other
representatives, upon complying with the terms of the lease, may
hold the premises so leased until twelve o'clock, noon, of the
first day of May next succeeding the redemption. And in all other
respects, the person so redeeming, his assigns and
representatives succeed to all the rights and liabilities of the
petitioner under such a lease.


Sec. 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 order establishing the rights and
liabilities of the parties upon the redemption, whereupon the
court must make an order requiring the other party to the
redemption to show cause at a time and place therein specified
why the prayer of the petition should not be granted. The order
to show cause must be made returnable not less than two nor more
than ten days after it is granted; and it must be served at least
two days before it is returnable. Upon the return thereof, the
court must hear the allegations and proofs of the parties and
must make such a judgment as justice requires. The costs and
expenses must be paid by the petitioner. The judgment, or a
certified copy thereof, may be recorded in like manner as a deed.
A person, other than the lessee, who redeems as prescribed in
this article succeeds to all the duties and liabilities of the
lessee accruing after the redemption as if he was named as lessee
in the lease.


Sec. 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 dangerous to life, health or safety may be
     maintained in the civil court of the city of New York, the
     district court of the counties of Suffolk and Nassau and the
     county courts or city courts in the counties of Rockland and
     Westchester.

2.   The place of trial of the special proceeding shall be within
     the county in which the real property or a portion thereof
     from which the rents issue is situated.




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