NY Real Estate Exam · Free Sample Questions

NY Real Estate Land Use Practice Questions

3 free questions from Unlocked's bank of 40 ny real estate land use questions. Full access unlocks all 40 questions with detailed explanations.


Question 1 · Nonconforming Use

A retail store that was legally operating when its neighborhood was rezoned residential may:

  1. ABe forced to close immediately upon rezoning
  2. BContinue operating but cannot expand the nonconforming use
  3. CExpand because it predates the new zoning
  4. DApply for a variance to expand as desired
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Correct answer: BContinue operating but cannot expand the nonconforming use

A nonconforming use that predates the zoning change is grandfathered in. However, it cannot be expanded, substantially rebuilt if destroyed, or resumed if abandoned.

Question 2 · Variance

A homeowner wants to build an addition that would be 3 feet closer to the side lot line than zoning allows. They should apply for:

  1. AA special use permit from the Planning Board
  2. BA use variance from the ZBA
  3. CAn area (dimensional) variance from the ZBA
  4. DA rezoning of the parcel
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Correct answer: CAn area (dimensional) variance from the ZBA

An area variance is permission to deviate from dimensional requirements like setbacks, height limits, or lot coverage. A use variance permits an otherwise prohibited use, a much higher legal standard.

Question 3 · Lead Paint

Under federal law, sellers of homes built before 1978 must:

  1. AProvide a professional lead paint inspection report at their expense
  2. BPay for lead abatement before closing
  3. CDisclose known lead paint hazards and provide buyers a 10-day testing opportunity
  4. DWarrant in the contract that no lead paint is present
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Correct answer: CDisclose known lead paint hazards and provide buyers a 10-day testing opportunity

The Residential Lead-Based Paint Hazard Reduction Act requires disclosure of known lead paint, the EPA pamphlet, and a 10-day buyer testing opportunity. No inspection or abatement is mandated by this law.

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