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This entry was published on 2019-07-19
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SECTION 732
Special provisions applicable in non-payment proceeding if the rules so provide
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 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.