Legislation
SECTION 302
Unlawful occupation
Multiple Dwelling (MDW) CHAPTER 61-A, ARTICLE 8
§ 302. Unlawful occupation. 1. a. If any dwelling or structure be
occupied in whole or in part for human habitation in violation of
section three hundred one, during such unlawful occupation any bond or
note secured by a mortgage upon said dwelling or structure, or the lot
upon which it stands, may be declared due at the option of the
mortgagee.
b. No rent shall be recovered by the owner of such premises for said
period, and no action or special proceeding shall be maintained
therefor, or for possession of said premises for nonpayment of such
rent.
c. During such period the department in charge of water supply shall
not permit water to be furnished in any such dwelling or structure and
said premises shall be deemed unfit for human habitation, and the
department of health or the department charged with the enforcement of
this chapter shall cause them to be vacated.
2. The department may cause to be vacated any dwelling or any part
thereof which contains a nuisance as defined in section three hundred
nine, or is occupied by more families or persons than permitted in this
chapter, or is erected, altered or occupied contrary to law. Any such
dwelling shall not again be occupied until it or its occupancy, as the
case may be, has been made to conform to law.
occupied in whole or in part for human habitation in violation of
section three hundred one, during such unlawful occupation any bond or
note secured by a mortgage upon said dwelling or structure, or the lot
upon which it stands, may be declared due at the option of the
mortgagee.
b. No rent shall be recovered by the owner of such premises for said
period, and no action or special proceeding shall be maintained
therefor, or for possession of said premises for nonpayment of such
rent.
c. During such period the department in charge of water supply shall
not permit water to be furnished in any such dwelling or structure and
said premises shall be deemed unfit for human habitation, and the
department of health or the department charged with the enforcement of
this chapter shall cause them to be vacated.
2. The department may cause to be vacated any dwelling or any part
thereof which contains a nuisance as defined in section three hundred
nine, or is occupied by more families or persons than permitted in this
chapter, or is erected, altered or occupied contrary to law. Any such
dwelling shall not again be occupied until it or its occupancy, as the
case may be, has been made to conform to law.