2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
231 - Lease, when void; liability of landlord where premises are occupied for unlawful purpose.


NY Real Prop L § 231 (2012) What's This?
 
    §  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, 230.20, 230.25, 230.30, 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.

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