Section 302. Unlawful occupation  


Latest version.
  • 1.  a. If any dwelling or structure be
      occupied in whole or in  part  for  human  habitation  in  violation  of
      section  three  hundred one, during such unlawful occupation any bond or
      note secured by a mortgage upon said dwelling or structure, or  the  lot
      upon  which  it  stands,  may  be  declared  due  at  the  option of the
      mortgagee.
        b. No rent shall be recovered by the owner of such premises  for  said
      period,  and  no  action  or  special  proceeding  shall  be  maintained
      therefor, or for possession of said  premises  for  nonpayment  of  such
      rent.
        c.  During  such period the department in charge of water supply shall
      not permit water to be furnished in any such dwelling or  structure  and
      said  premises  shall  be  deemed  unfit  for  human habitation, and the
      department of health or the department charged with the  enforcement  of
      this chapter shall cause them to be vacated.
        2.  The  department  may  cause to be vacated any dwelling or any part
      thereof which contains a nuisance as defined in  section  three  hundred
      nine,  or is occupied by more families or persons than permitted in this
      chapter, or is erected, altered or occupied contrary to  law.  Any  such
      dwelling  shall  not again be occupied until it or its occupancy, as the
      case may be, has been made to conform to law.