NYLE NY Real Property Law 2 — 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.
NYLE NY Real Property Law 2
Under New York Real Property Law (RPL) § 291, what type of recording system does New York use?