N.Y. Real Property Law § 231: Lease, when void; liability of landlord where premises are occupied for unlawful purpose

§ 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.