NYLE NY Real Property Law — Questions and Answers
Question 1: Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?
- A race-notice recording system (Correct answer)
- A pure race recording system
- A pure notice recording system
- A Torrens title registration system
Correct 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 RPL § 291, New York follows a race-notice system. A conveyance of real property is void against a subsequent purchaser in good faith and for value whose conveyance is first recorded. To prevail, the subsequent purchaser must: (1) be a bona fide purchaser for valuable consideration, (2) take without actual or constructive notice of the prior interest, and (3) record before the prior interest holder. Notice includes actual knowledge, constructive notice from the recording system, and inquiry notice from facts that would prompt a reasonable person to investigate. This system incentivizes prompt recording.
Question 2: Under New York law, what are the essential elements of adverse possession?
- Possession that is hostile, under claim of right, actual, open and notorious, exclusive, and continuous for the statutory period (Correct answer)
- Any occupation of property for more than five years
- Filing a claim with the county clerk asserting ownership
- Payment of property taxes for 10 consecutive years
Correct 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 RPAPL Article 5 (as amended in 2008), adverse possession in New York requires: (1) hostile and under claim of right — the possessor must have a reasonable basis for the belief of ownership; (2) actual — physical use of the property; (3) open and notorious — visible enough that the true owner would be aware; (4) exclusive — not shared with the true owner; and (5) continuous — uninterrupted for 10 years (CPLR 212(a)). The 2008 amendments added a requirement that the adverse possessor have a reasonable basis for belief of property ownership and clarified that possession must be accompanied by a claim of right. De minimis non-structural enclosures (e.g., fences) alone do not constitute adverse possession.
Question 3: Under New York RPL § 235-b, what is the implied warranty of habitability?
- A non-waivable warranty that residential premises are fit for human habitation and free from conditions dangerous to life, health, or safety (Correct answer)
- A warranty that all appliances will function for the lease term
- A guarantee that the landlord will make cosmetic improvements annually
- A warranty that applies only to commercial leases
Correct 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.
RPL § 235-b establishes that in every residential lease, the landlord warrants that the premises are fit for human habitation, free from conditions dangerous to life, health, or safety, and in compliance with applicable building codes and regulations. This warranty cannot be waived. Breach allows the tenant to seek rent abatement, repair and deduct (with limitations), withhold rent, or use the breach as a defense in an eviction proceeding. The warranty covers essential services (heat, hot water, elevator), structural integrity, pest infestation, lead paint hazards, and mold. It applies to all residential tenancies, including those without written leases.
Question 4: Under New York law, what is required for a valid deed to transfer real property?
- A writing signed by the grantor, a description of the property, identification of the grantee, and words of conveyance (Correct answer)
- Only a verbal agreement between buyer and seller
- A writing signed by both grantor and grantee
- A court order approving the transfer
Correct 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 RPL § 240 and GOL § 5-703, a valid deed requires: (1) a writing (to satisfy the statute of frauds), (2) identification of the grantor and grantee, (3) a granting clause (words of conveyance), (4) an adequate legal description of the property, (5) the grantor's signature, and (6) delivery and acceptance. The grantee need not sign. For recording, the deed must be acknowledged before a notary public (RPL § 291-a). New York recognizes several deed types: bargain and sale deed (most common), quitclaim deed (no warranties), and full covenant and warranty deed (maximum protection). Recording is not required for validity between the parties but is necessary to protect against subsequent purchasers.
Question 5: Under RPAPL Article 7, what process must a landlord follow to evict a residential tenant in New York?
- Serve proper notice, file a petition in court, obtain a judgment of possession, and have a marshal or sheriff execute the warrant of eviction (Correct answer)
- Change the locks and remove the tenant's belongings
- File a police report and have the tenant arrested for trespassing
- Send a certified letter and wait 30 days for the tenant to leave
Correct 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 RPAPL Article 7, eviction requires: (1) service of a predicate notice (14-day rent demand for nonpayment, or termination notice for holdover), (2) filing a petition and notice of petition in court, (3) a court hearing where the tenant can raise defenses, (4) a judgment of possession, and (5) issuance and execution of a warrant of eviction by a city marshal or county sheriff (with a minimum 14-day notice to vacate). Self-help eviction (lockouts, utility shutoffs, removing belongings) is illegal under RPL § 235 and RPAPL § 768 and subjects the landlord to criminal penalties and civil liability. New York's Housing Stability and Tenant Protection Act of 2019 added additional protections.
Question 6: Under New York law, what is a cooperative apartment (co-op) and how does ownership differ from a condominium?
- 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 (Correct answer)
- Co-ops and condos are legally identical
- A co-op owner holds a deed to their apartment, while a condo owner holds shares
- Both co-ops and condos involve ownership of shares in a corporation
Correct 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.
In a New York cooperative, a corporation owns the entire building. Residents purchase shares in the corporation (the number proportional to their unit's size/value) and receive a proprietary lease granting the right to occupy a specific unit. Co-op shares are personal property, not real property. The corporation's board can approve or reject potential buyers (subject to anti-discrimination laws). In a condominium (governed by RPL Article 9-B), each owner holds a deed to their individual unit (real property) plus an undivided interest in the common elements. Condo boards cannot reject purchasers except through a right of first refusal. Co-ops predominate in NYC; condos are more common elsewhere.
Question 7: Under New York RPL § 226-b, what are a residential tenant's rights regarding subletting?
- The tenant may request consent to sublet and the landlord may not unreasonably withhold consent (Correct answer)
- The tenant has an absolute right to sublet without landlord approval
- Subletting is prohibited in all New York residential leases
- The tenant may sublet only to immediate family members
Correct 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.
RPL § 226-b applies to buildings with four or more residential units. The tenant must send the landlord a written request with specified information (proposed subtenant's name, business address, term, etc.). The landlord has 30 days to respond; unreasonable withholding of consent allows the tenant to sublet. If consent is unreasonably refused, the tenant may seek a court declaration. However, the landlord may refuse on reasonable grounds, and the original tenant remains liable on the lease. For buildings with fewer than four units, subletting rights depend on the lease terms. Rent-stabilized tenants have additional subletting rights under the Rent Stabilization Code.
Question 8: Under New York law, what is a title insurance policy and why is it important in real property transactions?
- 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 (Correct answer)
- It guarantees that the property value will not decline
- It provides insurance against damage to the physical structure
- It insures the buyer against future zoning changes
Correct 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.
Title insurance in New York (regulated by Insurance Law Article 64) indemnifies the insured against loss from title defects existing as of the policy date. An owner's policy protects the buyer; a lender's (mortgagee's) policy protects the mortgage lender. Before issuing a policy, the title company conducts a title search reviewing the chain of title in public records. Title insurance covers: forged deeds, undisclosed heirs, recording errors, undiscovered liens or encumbrances, and claims arising from defects in the title search. It does not cover defects arising after the policy date, known defects excluded in Schedule B, or matters a survey would reveal (unless survey coverage is added).
Question 9: Under New York's Housing Stability and Tenant Protection Act of 2019 (HSTPA), what major changes were made to rent stabilization?
- Vacancy decontrol was eliminated, preferential rent protections were strengthened, and major capital improvement rent increases were limited (Correct answer)
- Rent stabilization was eliminated entirely
- Landlords were given unlimited ability to raise rents upon vacancy
- Only buildings constructed after 2019 are subject to rent stabilization
Correct 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.
The HSTPA (2019) made landmark changes to rent regulation: (1) eliminated vacancy decontrol — apartments can no longer be deregulated when rent crosses the statutory threshold; (2) made preferential rent the base for calculating future increases (not the legal regulated rent); (3) capped Major Capital Improvement (MCI) increases at 2% annually and made them temporary (30 years); (4) limited Individual Apartment Improvement (IAI) increases to $15,000 over 15 years; (5) eliminated the vacancy bonus (landlords can no longer add 20% upon vacancy); and (6) strengthened anti-harassment protections. These changes fundamentally shifted the balance toward tenant protection in the roughly one million rent-stabilized apartments in New York City.
Question 10: Under New York law, what are the elements of a valid mortgage, and when is recording important?
- 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 (Correct answer)
- Only a verbal promise to repay a loan secured by property
- A deed transferring ownership to the lender
- Registration with the Department of Financial Services
Correct 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 New York law, a mortgage is a lien on real property securing a debt. Essential elements: (1) an underlying obligation (promissory note), (2) a written mortgage instrument signed by the mortgagor containing a property description and granting a security interest, (3) delivery to the mortgagee. Recording in the county clerk's office is not required for validity, but an unrecorded mortgage is vulnerable to later good-faith purchasers and mortgagees under RPL 291. New York imposes a mortgage recording tax (Tax Law Article 11). New York is a 'lien theory' state: the mortgagor retains title and the mortgagee holds only a lien.
Question 11: Under RPAPL Article 13, how is a residential mortgage foreclosed in New York?
- Judicial foreclosure through a court proceeding (Correct answer)
- Non-judicial foreclosure through a power of sale
- Administrative foreclosure through the Department of Financial Services
- Either judicial or non-judicial at the lender's election
Correct 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 RPAPL Article 13, residential mortgages in New York are foreclosed by judicial action. The process includes: (1) filing a notice of pendency and summons and complaint, (2) service on the mortgagor and all parties with an interest, (3) the borrower may assert defenses and counterclaims, (4) mandatory settlement conferences for residential properties (CPLR 3408), (5) judgment of foreclosure and sale, and (6) a court-supervised public auction conducted by a referee. The mortgagor may redeem by paying the debt before the sale. The process typically takes a year or more. Deficiency judgments are governed by RPAPL 1371. Foreclosure by advertisement (RPAPL Article 14) exists but is rarely used.
Question 12: Under New York law, what is an easement and how may it be created?
- A non-possessory right to use another's land for a specific purpose, created by express grant, reservation, implication, necessity, or prescription (Correct answer)
- An ownership interest in another's land
- A right that exists only between adjacent property owners and only by written agreement
- A temporary license that expires after one year
Correct 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).
Under New York law, an easement is a non-possessory right to use another's land for a specific purpose. Creation methods include: (1) express grant — a written instrument satisfying the statute of frauds; (2) reservation — the grantor retains an easement when conveying property; (3) implication — arising from prior use that is apparent, continuous, and reasonably necessary; (4) necessity — created when a parcel is landlocked and access is strictly necessary; and (5) prescription — similar to adverse possession, requiring open, notorious, hostile, and continuous use for 10 years. Easements appurtenant run with the land and benefit a dominant estate at the expense of a servient estate. Easements in gross benefit an individual or entity, not a particular parcel.
NYLE NY Real Property Law
Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?
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