§ 353. Permission of owner or lessee. A multiple dwelling shall be
deemed to have been used for the purposes specified in the last two
sections with the permission of the owner, agent or lessee thereof in
the following cases:

1. If summary proceedings for the removal of the tenants of such
dwelling or of so much thereof as is unlawfully used, shall not have
been commenced within five days after notice of such unlawful use has
been served by the department in the manner prescribed by article nine
of this chapter for the service of notices and orders; or having been
commenced, are not in good faith diligently prosecuted to final
determination.

2. If there be two or more convictions in such dwelling within a
period of six months, under sections 230.00, 230.25, or 230.40 of the
penal law.