N.Y. Real Property Actions & Proceedings Law Section 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 Civil Practice Law & Rules Law § 3020 (Verification)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 Real Property Law § 231-C (Good cause eviction law notice)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 Real Property Law § 211 (Definitions)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 * NB Effective August 18, 2024 * NB Repealed June 15, 2034 * 5-b. If the petitioner claims exemption from the provisions of article six-A of the real property law pursuant to subdivision one of Real Property Law § 214 (Covered housing accommodations)section two hundred fourteen of the real property law, append or incorporate the information required pursuant to subdivision one of Real Property Law § 214 (Covered housing accommodations)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.

Source: Section 741 — Contents of petition, https://www.­nysenate.­gov/legislation/laws/RPA/741 (updated May 3, 2024; accessed Oct. 26, 2024).

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Accessed:
Oct. 26, 2024

Last modified:
May 3, 2024

§ 741’s source at nysenate​.gov

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