Cal. Civ. Code § 721
Person who may maintain proceeding
Operative Text
§ 721. Person who may maintain proceeding. The proceeding may be brought by: 1. The landlord or lessor. 2. The reversioner or remainderman next entitled to possession of the property upon the termination of the estate of a life tenant, where a tenant of such life tenant holds over. 3. The purchaser upon the execution or foreclosure sale, or the purchaser on a tax sale to whom a deed has been executed and delivered or any subsequent grantee, distributee or devisee claiming title through such purchaser. 4. The person forcibly put out or kept out. 5. The person with whom, as owner, the agreement was made, or the owner of the property occupied under an agreement to cultivate the property upon shares or for a share of the crops. 6. The person lawfully entitled to the possession of property intruded into or squatted upon. 7. The person entitled to possession of the property occupied by a licensee who may be dispossessed. 8. The person, corporation or law enforcement agency authorized by this article to proceed to remove persons using or occupying premises for illegal purposes. 9. The receiver of a landlord, purchaser or other person so entitled to apply, when authorized by the court. 10. The lessee of the premises, entitled to possession. 11. Not-for-profit corporations, and tenant associations authorized in writing by the commissioner of the department of the city of New York charged with enforcement of the housing maintenance code of such city to manage residential real property owned by such city.
N.Y. Real Prop. Acts & Proc. Law § 721 defines the range of parties who are legally permitted to initiate a summary proceeding to recover possession of real property in New York. The list extends beyond the traditional landlord-tenant relationship to include purchasers at foreclosure or tax sales, reversioners, remaindermen, persons forcibly excluded from property, licensors, and others with a recognized possessory interest. Certain authorized entities, such as law enforcement agencies and court-appointed receivers, may also bring such a proceeding under appropriate circumstances.
Plain English — not legal advice.
Under § 721, the right to commence a summary proceeding is not limited to the party who originally signed a lease — it also extends to successors in interest, such as a purchaser at a foreclosure or tax sale, a subsequent grantee, or a court-appointed receiver acting with judicial authorization. Property owners and managers generally confirm that the initiating party holds a qualifying interest under § 721 before filing, since standing to bring the proceeding is a threshold requirement. Operators who acquire property through sale, inheritance, or court process should be prepared to document the chain of title or authority that establishes their right to proceed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 721 governs who is permitted to bring a summary proceeding against an occupant, and a tenant facing such a proceeding has the right to examine whether the party initiating it actually qualifies under one of the categories listed in that section. If the petitioner lacks a recognized possessory interest — for example, if they cannot demonstrate a proper chain of title or lawful authority — that absence of standing can be raised as a defense in the proceeding. Tenants who have questions about whether the party seeking their removal is properly authorized under § 721 may find it useful to consult a tenant-rights organization or legal aid provider familiar with New York housing court practice.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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