N.Y. Multiple Dwelling Law § 353: Permission of owner or lessee

§ 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.