New York Laws
Article 7 - Summary Proceeding to Recover Possession of Real Property
732 - Special Provisions Applicable in Non-Payment Proceeding if the Rules So Provide.

ยง 732. Special provisions applicable in non-payment proceeding if the
rules so provide. If the appropriate appellate division shall so provide
in the rules of a particular court, this section shall be applicable in
such court in a proceeding brought on the ground that the respondent has
defaulted in the payment of rent; in such event, all other provisions of
this article shall remain applicable in such proceeding, except to the
extent inconsistent with the provisions of this section.

1. The notice of petition shall be returnable before the clerk, and
shall be made returnable within ten days after its service.

2. If the respondent answers, the clerk shall fix a date for trial or
hearing not less than three nor more than eight days after joinder of
issue, and shall immediately notify by mail the parties or their
attorneys of such date. If the determination be for the petitioner, the
issuance of a warrant shall not be stayed for more than five days from
such determination, except as provided in section seven hundred
fifty-three of this article.

3. If the respondent fails to answer within ten days from the date of
service, as shown by the affidavit or certificate of service of the
notice of petition and petition, the judge shall render judgment in
favor of the petitioner and may stay the issuance of the warrant for a
period of not to exceed ten days from the date of service, except as
provided in section seven hundred fifty-three of this article.

4. The notice of petition shall advise the respondent of the
requirements of subdivisions 1, 2 and 3, above.

Structure New York Laws

New York Laws

RPA - Real Property Actions and Proceedings

Article 7 - Summary Proceeding to Recover Possession of Real Property

701 - Jurisdiction; Courts; Venue.

702 - Rent in a Residential Dwelling.

711 - Grounds Where Landlord-Tenant Relationship Exists.

713 - Grounds Where No Landlord-Tenant Relationship Exists.

713-A - Special Proceeding for Termination of Adult Home and Residence for Adults Admission Agreements.

715 - Grounds and Procedure Where Use or Occupancy Is Illegal.

715-A - Grounds and Procedure for Removal of Commercial Tenants for Unlicensed Cannabis Retail Sale.

721 - Person Who May Maintain Proceeding.

731 - Commencement; Notice of Petition.

732 - Special Provisions Applicable in Non-Payment Proceeding if the Rules So Provide.

733 - Time of Service; Order to Show Cause.

734 - Notice of Petition; Service on the Westchester County Department of Social Services.

735 - Manner of Service; Filing; When Service Complete.

741 - Contents of Petition.

743 - Answer.

744 - Eviction Based on Domestic Violence Victim Status Prohibited.

745 - Trial.

746 - Stipulations.

747 - Judgment.

749 - Warrant.

751 - Stay Upon Paying Rent or Giving Undertaking; Discretionary Stay Outside City of New York.

753 - Stay in Premises Occupied for Dwelling Purposes.

755 - Stay of Proceeding or Action for Rent Upon Failure to Make Repairs.

756 - Stay of Summary Proceedings or Actions for Rent Under Certain Conditions.

757 - Eviction as the Result of Foreclosure.

761 - Redemption by Lessee.

763 - Redemption by Creditor of Lessee.

765 - Effect of Redemption Upon Lease.

767 - Order of Redemption; Liability of Persons Redeeming.

768 - Unlawful Eviction.