Legislation
SECTION 741
Contents of petition
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 741. Contents of petition. The petition shall be verified by the
person authorized by section seven hundred twenty-one to maintain the
proceeding; or by a legal representative, attorney or agent of such
person pursuant to subdivision (d) of section thirty hundred twenty of
the civil practice law and rules. An attorney of such person may verify
the petition on information and belief notwithstanding the fact that
such person is in the county where the attorney has his office. Every
petition shall:
1. State the interest of the petitioner in the premises from which
removal is sought.
2. State the respondent's interest in the premises and his
relationship to petitioner with regard thereto.
3. Describe the premises from which removal is sought.
4. State the facts upon which the special proceeding is based.
5. State the relief sought. The relief may include a judgment for rent
due, and for a period of occupancy during which no rent is due, for the
fair value of use and occupancy of the premises if the notice of
petition contains a notice that a demand for such a judgment has been
made.
* 5-a. Append or incorporate the notice required pursuant to section
two hundred thirty-one-c of the real property law, which shall state the
following: (i) if the premises are or are not subject to article six-A
of the real property law, the "good cause eviction law", and if the
premises are exempt, such petition shall state why the premises are
exempt from such law; (ii) if the landlord is not renewing the lease for
a unit subject to article six-A of the real property law, the lawful
basis for such non-renewal; and (iii) if the landlord is increasing the
rent upon an existing lease of a unit subject to article six-A of the
real property law above the applicable local rent standard, as defined
in subdivision eight of section two hundred eleven of the real property
law, the justification for such increase.
* NB Effective August 18, 2024
* NB Repealed June 15, 2034
* 5-b. If the petitioner claims exemption from the provisions of
article six-A of the real property law pursuant to subdivision one of
section two hundred fourteen of the real property law, append or
incorporate the information required pursuant to subdivision one of
section two hundred fourteen of the real property law.
* NB Effective August 18, 2024
* NB Repealed June 15, 2034
6. In the city of Albany, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.
7. In the city of Newburgh, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.
8. In the city of Syracuse, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.
person authorized by section seven hundred twenty-one to maintain the
proceeding; or by a legal representative, attorney or agent of such
person pursuant to subdivision (d) of section thirty hundred twenty of
the civil practice law and rules. An attorney of such person may verify
the petition on information and belief notwithstanding the fact that
such person is in the county where the attorney has his office. Every
petition shall:
1. State the interest of the petitioner in the premises from which
removal is sought.
2. State the respondent's interest in the premises and his
relationship to petitioner with regard thereto.
3. Describe the premises from which removal is sought.
4. State the facts upon which the special proceeding is based.
5. State the relief sought. The relief may include a judgment for rent
due, and for a period of occupancy during which no rent is due, for the
fair value of use and occupancy of the premises if the notice of
petition contains a notice that a demand for such a judgment has been
made.
* 5-a. Append or incorporate the notice required pursuant to section
two hundred thirty-one-c of the real property law, which shall state the
following: (i) if the premises are or are not subject to article six-A
of the real property law, the "good cause eviction law", and if the
premises are exempt, such petition shall state why the premises are
exempt from such law; (ii) if the landlord is not renewing the lease for
a unit subject to article six-A of the real property law, the lawful
basis for such non-renewal; and (iii) if the landlord is increasing the
rent upon an existing lease of a unit subject to article six-A of the
real property law above the applicable local rent standard, as defined
in subdivision eight of section two hundred eleven of the real property
law, the justification for such increase.
* NB Effective August 18, 2024
* NB Repealed June 15, 2034
* 5-b. If the petitioner claims exemption from the provisions of
article six-A of the real property law pursuant to subdivision one of
section two hundred fourteen of the real property law, append or
incorporate the information required pursuant to subdivision one of
section two hundred fourteen of the real property law.
* NB Effective August 18, 2024
* NB Repealed June 15, 2034
6. In the city of Albany, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.
7. In the city of Newburgh, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.
8. In the city of Syracuse, where the premises from which removal is
sought is subject to a local law requiring the registration of said
premises as a condition of legal rental, allege proof of compliance with
such local law.