Section 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.