NY Real Property Law Flashcards

Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?

Answer: A race-notice recording system

New York uses a race-notice recording system, meaning a subsequent bona fide purchaser for value prevails over a prior unrecorded interest only if the subsequent purchaser records first and had no notice of the prior interest.

Under New York law, what are the essential elements of adverse possession?

Answer: Possession that is hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period

New York requires adverse possession to be hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period of 10 years.

Under New York RPL § 235-b, what is the implied warranty of habitability?

Answer: A non-waivable warranty that residential premises are fit for human habitation and free from conditions dangerous to life, health, or safety

RPL § 235-b implies in every residential lease a warranty that the premises are fit for human habitation, in reasonable repair, and free from conditions dangerous to life, health, or safety.

Under New York law, what is required for a valid deed to transfer real property?

Answer: A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance

A valid deed requires a writing signed by the grantor, a legal description of the property, identification of the grantee, and words of conveyance (granting clause).

Under RPAPL Article 7, what process must a landlord follow to evict a residential tenant in New York?

Answer: Serve proper notice, file a petition in court, obtain a judgment of possession, and have a marshal or sheriff execute the warrant of eviction

New York requires a formal summary proceeding under RPAPL Article 7: proper notice, court petition, hearing, judgment, and execution of a warrant of eviction by a marshal or sheriff. Self-help eviction is illegal.

Under New York law, what is a cooperative apartment (co-op) and how does ownership differ from a condominium?

Answer: In a co-op, the buyer purchases shares in a corporation that owns the building and receives a proprietary lease; in a condo, the buyer owns the individual unit as real property

In a co-op, the purchaser buys shares of stock in the cooperative corporation and receives a proprietary lease for their unit. In a condominium, the purchaser owns the individual unit as real property with a deed.

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).