Section 231. Lease, when void; liability of landlord where premises are occupied for unlawful purpose  


Latest version.
  • 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.