Cal. Civ. Code § 741
Contents of petition
Operative Text
§ 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 * NB Repealed June 15, 2034 * 5-b. If the petitioner claims exemption from the provisions of article six-A of the real property law pursuant to subdivision one of section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 * NB Repealed June 15, 2034 6.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. 9. In the city of Schenectady, 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.
N.Y. Real Prop. Acts & Proc. Law § 741 sets out the mandatory contents of a petition used to commence a summary proceeding to remove a person from real property. The petition must be verified, identify both parties' interests in the premises, describe the property, state the factual and legal basis for the proceeding, and specify the relief requested. For units subject to New York's "good cause eviction law" (Article 6-A of the Real Property Law), the petition must also include or attach a notice addressing whether the law applies, the basis for any non-renewal, and the justification for any above-standard rent increase — provisions that are currently set to expire June 15, 2034. In certain cities, including Albany, Newburgh, Syracuse, and Schenectady, the petition must additionally allege compliance with any local rental registration requirements.
Plain English — not legal advice.
Property owners and managers initiating a summary removal proceeding under § 741 generally ensure their petition is properly verified and contains each required element before filing. A compliant operator typically confirms that the petition identifies their ownership or possessory interest, describes the subject premises, states the grounds for the proceeding, and specifies all relief sought — including any claim for the fair value of use and occupancy, provided the notice of petition contains the required demand language. For properties in Albany, Newburgh, Syracuse, or Schenectady, operators also include allegations of local registration compliance, and for units covered by the good cause eviction law, they append or incorporate the disclosure required under § 741(5-a) addressing applicability, non-renewal basis, or rent increase justification as applicable.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 741, a tenant named as a respondent in a summary proceeding has the right to review the petition and verify that it meets all statutory requirements. If the petition omits required elements — such as the good cause eviction notice for covered units, proof of local rental registration in cities like Albany or Syracuse, or a proper verification — a tenant may be able to raise those deficiencies as part of the proceeding. Tenants who believe a petition filed against them is deficient under § 741 can explore their options by consulting a tenant-rights organization, a legal aid office, or an attorney familiar with New York housing proceedings.
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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