NYLE - New York Law NY Real Property Law Questions and Answers

Question 1

A tenant in a Manhattan apartment provides written notice to her landlord that there has been no hot water for ten consecutive days.
The landlord fails to remedy the situation.
Under New York Real Property Law § 235-b, which of the following actions is a permissible remedy for the tenant?

Accepted Answer

Withhold rent and use the landlord's breach of the warranty of habitability as a defense in a non-payment proceeding.

Answer

Terminate the lease immediately and sue for moving expenses.

Answer

Pay for a plumber to fix the issue and deduct the full cost from the next month's rent without further action.

Answer

Continue paying rent but file a complaint with the local police department for criminal negligence.

Question 2

A married couple purchases a home in Queens, and the deed conveys the property to them as husband and wife. A few years later, a creditor obtains a significant money judgment solely against the husband. What is the creditor's most likely recourse against the house?

Accepted Answer

The creditor can place a lien on the husband's interest, but cannot defeat the wife's right of survivorship or force a sale while the couple remains married.

Answer

The creditor can force a partition and sale of the entire property to satisfy the debt.

Answer

The tenancy by the entirety is automatically severed, converting it to a tenancy in common, allowing the creditor to seize the husband's 50% share.

Answer

The creditor has no rights against the property whatsoever because property held by the entirety is completely immune from the debts of one spouse.

Question 3

On June 1, Owner conveys a parcel of land to Buyer A, who does not record the deed. On June 10, Owner fraudulently conveys the same parcel to Buyer B, who pays fair market value and has no knowledge of the prior conveyance. On June 15, Buyer B records her deed. On June 20, Buyer A records his deed. Under New York's recording statute, who has superior title?

Accepted Answer

Buyer B, because she was a good faith purchaser for value who recorded first.

Answer

Buyer A, because his deed was delivered first.

Answer

Title is split equally between Buyer A and Buyer B.

Answer

The Owner, because the fraudulent conveyances cancel each other out.

Question 4

Which of the following is a required element for a successful adverse possession claim filed in New York after the 2008 amendments to the Real Property Actions and Proceedings Law (RPAPL)?

Accepted Answer

A reasonable basis for the belief that the property belongs to the adverse possessor.

Answer

Possession for a continuous period of 20 years.

Answer

The claimant must have paid property taxes on the parcel for the entire duration.

Answer

The claimant must have acted with hostile intent to dispossess the true owner.

Question 5

A seller conveys a commercial property to a buyer using a standard quitclaim deed. Two months after the closing, the buyer discovers that the seller's original title was defective and a third party has a valid claim to ownership. What recourse does the buyer have against the seller based on the deed?

Accepted Answer

The buyer has no recourse against the seller under the terms of the quitclaim deed.

Answer

The buyer can sue the seller for breach of the covenant of warranty.

Answer

The buyer can rescind the sale due to the seller's breach of the covenant of seisin.

Answer

The buyer can compel the seller to pay to defend the title against the third party's claim.

Question 6

How does New York law legally classify a mortgage given by a property owner to a lender?

Accepted Answer

As a lien on the property that serves as security for a debt, while the borrower retains legal title.

Answer

As a transfer of legal title to the lender, which is reconveyed upon loan satisfaction.

Answer

As a joint venture agreement between the borrower and the lender.

Answer

As an executory contract that only becomes a real property interest upon the borrower's default.

A tenant in a Manhattan apartment provides written notice to her landlord that there has been no hot water for ten consecutive days.The landlord fails to remedy the situation.Under New York Real Property Law § 235-b, which of the following actions is a permissible remedy for the tenant?

A tenant in a Manhattan apartment provides written notice to her landlord that there has been no hot water for ten consecutive days.
The landlord fails to remedy the situation.
Under New York Real Property Law § 235-b, which of the following actions is a permissible remedy for the tenant?