NY Real Property Law Flashcards
6 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 NY Real Property Law flashcards as text
Under New York RPL § 226-b, what are a residential tenant's rights regarding subletting?
Answer: The tenant may request consent to sublet and the landlord may not unreasonably withhold consent
RPL § 226-b provides that a residential tenant in a building with four or more units may request written consent to sublet, and the landlord may not unreasonably withhold consent.
Under New York law, what is a title insurance policy and why is it important in real property transactions?
Answer: It insures against losses from defects in title that existed at the time of the policy, protecting the buyer or lender from undiscovered liens, encumbrances, or ownership disputes
Title insurance protects against losses arising from defects in title existing at the time the policy is issued, such as undiscovered liens, forgeries, recording errors, or prior ownership claims.
Under New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA), what major changes were made to rent stabilization?
Answer: Vacancy decontrol was eliminated, preferential rent protections were strengthened, and major capital improvement rent increases were limited
The HSTPA eliminated vacancy decontrol (previously, units reaching a threshold rent could be deregulated), limited MCI and IAI rent increases, and made preferential rents the base for future increases.
Under New York law, what are the elements of a valid mortgage, and when is recording important?
Answer: A debt obligation and a written mortgage instrument signed by the borrower that identifies the property; recording is not required for validity but protects priority against subsequent purchasers and creditors
A valid mortgage requires an underlying debt obligation and a written instrument signed by the mortgagor that describes the property pledged (GOL 5-703). Recording is not an element of validity, but it protects the mortgagee's priority against subsequent purchasers and lienors (RPL 291).
Under RPAPL Article 13, how is a residential mortgage foreclosed in New York?
Answer: Judicial foreclosure through a court proceeding
Foreclosure of a residential mortgage in New York proceeds by judicial action under RPAPL Article 13: the lender commences a court action and the property is sold at a court-ordered public auction after a judgment of foreclosure and sale. (RPAPL 1301 separately bars a simultaneous action on the debt.) Non-judicial foreclosure by advertisement (RPAPL Article 14) is a rarely used, power-of-sale alternative.
Under New York law, what is an easement and how may it be created?
Answer: A non-possessory right to use another's land for a specific purpose, created by express grant, reservation, implication, necessity, or prescription
An easement is a non-possessory interest in another's land granting the right to use it for a specific purpose. It may be created by express grant, reservation, implication, necessity, or prescription (similar to adverse possession).