NYLE - Real Property UPDATED ACTUAL
Exam Questions and CORRECT Answers
Landlord and Tenant - CORRECT ANSWER - Article 7 of the Real Property Law (RPL)
contains many specific provisions regarding leases of real property.
Landlord and Tenant: Formation of lease: GOL §§ 5-702, 5-703; RPL §§ 235-f, 237 - CORRECT
ANSWER - A lease for a longer period than one year is void unless in writing subscribed
by the party to be charged or his or her lawful agent (GOL § 5-703). A lease for a period of one
year or less may be oral.
Every written residential lease must be written in a clear and coherent manner, using words with
common and everyday meanings and must be appropriately divided and captioned in its various
sections (GOL § 5-702).
A lease cannot prohibit occupancy by dependent children of tenant or tenant's spouse or contain a
clause requiring tenants to remain childless (RPL §§ 235-f, 237).
Landlord and Tenant: Types of tenancies - CORRECT ANSWER - New York recognizes
the same types of tenancies as at common law:
• Tenancy for years;
• Periodic, month-to-month, year-to-year;
• Tenancy at will; or
• Tenancy at sufferance.
Landlord and Tenant: Assignment and sublease: RPL § 226-b - CORRECT ANSWER - If
a residential lease is in a dwelling having fewer than four residential units, a tenant may not
assign the lease without consent of the landlord, which consent may be unconditionally withheld
without cause. A landlord who unreasonably withholds consent must release the tenant from the
lease if the tenant has so requested upon 30 days' notice.
, If the residential lease is in a dwelling having four or more residential units, a tenant has a right
to sublease, upon complying with notice provisions contained in the statute subject to written
consent of the landlord, which consent may not be unreasonably withheld.
Different rules may apply to public housing, rent-stabilized properties and cooperatives.
Landlord and Tenant: Warranty of Habitability: RPL § 235-b - CORRECT ANSWER -
Every written or oral lease for residential property is deemed to contain a warranty of
habitability. The landlord is deemed to warrant that the leased premises are fit for human
habitation and for the uses reasonably intended by the parties and that the occupants of such
premises shall not be subjected to any conditions which would be dangerous, hazardous or
detrimental to their life health or safety. Any agreement by a tenant waiving or modifying his or
her rights under the statute is void as contrary to public policy.
Landlord and Tenant: Holdovers: RPL § 232-c - CORRECT ANSWER - If a term of lease
is longer than one month, the tenant's holding over does not give the landlord the option to hold
the tenant to a new term equal to the term of the lease. The landlord may proceed to remove the
tenant as permitted by law, but if the landlord accepts rent for any period subsequent to the lease
expiring, a month-to-month tenancy is created.
Landlord and Tenant: Termination of monthly or month-to- month tenancy: RPL §§ 232-a, 232-
b: New York City: RPL § 232-a - CORRECT ANSWER - A tenant cannot be removed on
grounds of holding over unless, at least 30 days before expiration of the term, the landlord serves
notice in writing, in the same manner as a notice of petition in summary proceedings, which the
landlord elects to terminate the tenancy.
Landlord and Tenant: Termination of monthly or month-to- month tenancy: RPL §§ 232-a, 232-
b: Outside New York City - CORRECT ANSWER - Either landlord or tenant may
terminate by notifying the other at least one month before expiration of the term (RPL § 232-b).
Landlord and Tenant: Breach and remedies, summary proceedings: Real Property Actions and
Proceedings Law (RPAPL) 711; RPL § 234 - CORRECT ANSWER - Any breach of a
lease by the tenant gives the landlord the right to commence a special proceeding to recover
possession of the property (RPAPL § 711).
Exam Questions and CORRECT Answers
Landlord and Tenant - CORRECT ANSWER - Article 7 of the Real Property Law (RPL)
contains many specific provisions regarding leases of real property.
Landlord and Tenant: Formation of lease: GOL §§ 5-702, 5-703; RPL §§ 235-f, 237 - CORRECT
ANSWER - A lease for a longer period than one year is void unless in writing subscribed
by the party to be charged or his or her lawful agent (GOL § 5-703). A lease for a period of one
year or less may be oral.
Every written residential lease must be written in a clear and coherent manner, using words with
common and everyday meanings and must be appropriately divided and captioned in its various
sections (GOL § 5-702).
A lease cannot prohibit occupancy by dependent children of tenant or tenant's spouse or contain a
clause requiring tenants to remain childless (RPL §§ 235-f, 237).
Landlord and Tenant: Types of tenancies - CORRECT ANSWER - New York recognizes
the same types of tenancies as at common law:
• Tenancy for years;
• Periodic, month-to-month, year-to-year;
• Tenancy at will; or
• Tenancy at sufferance.
Landlord and Tenant: Assignment and sublease: RPL § 226-b - CORRECT ANSWER - If
a residential lease is in a dwelling having fewer than four residential units, a tenant may not
assign the lease without consent of the landlord, which consent may be unconditionally withheld
without cause. A landlord who unreasonably withholds consent must release the tenant from the
lease if the tenant has so requested upon 30 days' notice.
, If the residential lease is in a dwelling having four or more residential units, a tenant has a right
to sublease, upon complying with notice provisions contained in the statute subject to written
consent of the landlord, which consent may not be unreasonably withheld.
Different rules may apply to public housing, rent-stabilized properties and cooperatives.
Landlord and Tenant: Warranty of Habitability: RPL § 235-b - CORRECT ANSWER -
Every written or oral lease for residential property is deemed to contain a warranty of
habitability. The landlord is deemed to warrant that the leased premises are fit for human
habitation and for the uses reasonably intended by the parties and that the occupants of such
premises shall not be subjected to any conditions which would be dangerous, hazardous or
detrimental to their life health or safety. Any agreement by a tenant waiving or modifying his or
her rights under the statute is void as contrary to public policy.
Landlord and Tenant: Holdovers: RPL § 232-c - CORRECT ANSWER - If a term of lease
is longer than one month, the tenant's holding over does not give the landlord the option to hold
the tenant to a new term equal to the term of the lease. The landlord may proceed to remove the
tenant as permitted by law, but if the landlord accepts rent for any period subsequent to the lease
expiring, a month-to-month tenancy is created.
Landlord and Tenant: Termination of monthly or month-to- month tenancy: RPL §§ 232-a, 232-
b: New York City: RPL § 232-a - CORRECT ANSWER - A tenant cannot be removed on
grounds of holding over unless, at least 30 days before expiration of the term, the landlord serves
notice in writing, in the same manner as a notice of petition in summary proceedings, which the
landlord elects to terminate the tenancy.
Landlord and Tenant: Termination of monthly or month-to- month tenancy: RPL §§ 232-a, 232-
b: Outside New York City - CORRECT ANSWER - Either landlord or tenant may
terminate by notifying the other at least one month before expiration of the term (RPL § 232-b).
Landlord and Tenant: Breach and remedies, summary proceedings: Real Property Actions and
Proceedings Law (RPAPL) 711; RPL § 234 - CORRECT ANSWER - Any breach of a
lease by the tenant gives the landlord the right to commence a special proceeding to recover
possession of the property (RPAPL § 711).
