Legislation
SECTION 231
Lease, when void; liability of landlord where premises are occupied for unlawful purpose
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 231. Lease, when void; liability of landlord where premises are
occupied for unlawful purpose. 1. Whenever the lessee or occupant other
than the owner of any building or premises, shall use or occupy the
same, or any part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or occupancy of such
building or premises, or any part thereof shall thereupon become void,
and the landlord of such lessee or occupant may enter upon the premises
so let or occupied.
2. The owner of real property, knowingly leasing or giving possession
of the same to be used or occupied, wholly or partly, for any unlawful
trade, manufacture or business, or knowingly permitting the same to be
so used, is liable severally, and also jointly with one or more of the
tenants or occupants thereof, for any damage resulting from such
unlawful use, occupancy, trade, manufacture or business.
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law
arising out of conduct engaged in at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four of
the multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
4. Any lease or agreement hereafter executed for the letting or
occupancy of real property or any portion thereof, to be used by the
lessee as a residence, which contains therein a provision pledging
personal property exempt by law from levy and sale by virtue of an
execution, as security for the payment of rent due or to become due
thereunder, is void as to such provision.
* 5. The attorney general may commence an action or proceeding in the
supreme court to enjoin the continued unlawful trade, manufacture or
business in such premises.
* NB There are 2 sub 5's
* 5. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
conduct engaged in at the same premises consisting of a dwelling as that
term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of unlawful use of such
premises and of the owner's knowledge of the same.
* NB There are 2 sub 5's
6. Any owner or tenant, including a tenant of one or more rooms of an
apartment house, tenement house or multiple dwelling of any premises
within two hundred feet of the demised real property, may commence an
action or proceeding in supreme court to enjoin the continued unlawful
trade, manufacture or other business in such premises.
occupied for unlawful purpose. 1. Whenever the lessee or occupant other
than the owner of any building or premises, shall use or occupy the
same, or any part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or occupancy of such
building or premises, or any part thereof shall thereupon become void,
and the landlord of such lessee or occupant may enter upon the premises
so let or occupied.
2. The owner of real property, knowingly leasing or giving possession
of the same to be used or occupied, wholly or partly, for any unlawful
trade, manufacture or business, or knowingly permitting the same to be
so used, is liable severally, and also jointly with one or more of the
tenants or occupants thereof, for any damage resulting from such
unlawful use, occupancy, trade, manufacture or business.
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.05, 230.06, 230.11, 230.12,
230.13, 230.20, 230.25, 230.30, 230.32 or 230.40 of the penal law
arising out of conduct engaged in at the same premises consisting of a
dwelling as that term is defined in subdivision four of section four of
the multiple dwelling law shall be presumptive evidence of unlawful use
of such premises and of the owners knowledge of the same.
4. Any lease or agreement hereafter executed for the letting or
occupancy of real property or any portion thereof, to be used by the
lessee as a residence, which contains therein a provision pledging
personal property exempt by law from levy and sale by virtue of an
execution, as security for the payment of rent due or to become due
thereunder, is void as to such provision.
* 5. The attorney general may commence an action or proceeding in the
supreme court to enjoin the continued unlawful trade, manufacture or
business in such premises.
* NB There are 2 sub 5's
* 5. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
conduct engaged in at the same premises consisting of a dwelling as that
term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of unlawful use of such
premises and of the owner's knowledge of the same.
* NB There are 2 sub 5's
6. Any owner or tenant, including a tenant of one or more rooms of an
apartment house, tenement house or multiple dwelling of any premises
within two hundred feet of the demised real property, may commence an
action or proceeding in supreme court to enjoin the continued unlawful
trade, manufacture or other business in such premises.