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

New York Real Property Law § 235-b implies a warranty of habitability into every residential lease, ensuring the premises are safe and livable. When a landlord breaches this warranty, a tenant may withhold rent. The landlord may then sue for non-payment, and the tenant can raise the breach as a defense and counterclaim, allowing a court to determine a fair rent abatement for the period the condition existed.

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

In New York, a conveyance to a married couple creates a tenancy by the entirety. This form of ownership protects the property from the individual creditors of one spouse to the extent that a creditor cannot force a partition or sale of the property to satisfy the debt. The creditor can place a lien on the debtor spouse's interest, which only becomes a possessory interest if the non-debtor spouse predeceases the debtor 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

New York is a 'race-notice' jurisdiction under Real Property Law § 291. This means a subsequent purchaser for valuable consideration and without notice of a prior unrecorded instrument will have priority if they record their conveyance first. Here, Buyer B was a bona fide purchaser for value without notice, and she recorded her deed (June 15) before Buyer A recorded his (June 20). Therefore, Buyer B has superior title.

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

The 2008 amendments to the RPAPL changed the 'claim of right' element. A claimant must now have a reasonable basis for believing they own the property; possessing the property with knowledge that it belongs to another is insufficient. The statutory period remains 10 years, not 20. Payment of taxes is evidence of a claim but not a required element, and 'hostile' possession refers to being adverse to the owner's rights, not malicious intent.

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

A quitclaim deed provides no warranties or guarantees about the title. The grantor simply transfers whatever interest they may have, if any, to the grantee. Because it contains no covenants of title (such as the covenant of seisin or warranty), the buyer assumes all risk of title defects and has no contractual claim against the seller based on the deed if the title fails.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

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