NY Real Prop Actions L § 715 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 7 - Summary Proceeding to Recover Possession of Real Property 715 - Grounds and Procedure Where Use or Occupancy Is Illegal.

§  715. Grounds and procedure where use or occupancy is illegal. 1. An   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 from other demised real property used or occupied in whole   or in part as a bawdy-house, or house or place of assignation  for  lewd   persons,  or  for  purposes  of  prostitution, or for any illegal trade,   business or manufacture, or any domestic corporation organized  for  the   suppression  of  vice,  subject to or which submits to visitation by the   state department of social services and  possesses  a  certificate  from   such  department  of such fact and of conformity with regulations of the   department, or any duly authorized enforcement agency of the state or of   a subdivision thereof, under a duty to enforce  the  provisions  of  the   penal  law  or  of  any  state  or  local  law, ordinance, code, rule or   regulation relating to buildings, may serve personally upon the owner or   landlord of the premises so used or  occupied,  or  upon  his  agent,  a   written  notice  requiring  the owner or landlord to make an application   for the removal of the person so using or occupying  the  same.  If  the   owner  or  landlord  or  his agent does not make such application within   five days thereafter; or,  having  made  it,  does  not  in  good  faith   diligently  prosecute  it, the person, corporation or enforcement agency   giving the notice may bring a proceeding under  this  article  for  such   removal  as  though  the  petitioner  were  the owner or landlord of the   premises,  and  shall  have  precedence  over  any  similar   proceeding   thereafter  brought  by  such  owner  or  landlord or to one theretofore   brought by him and not prosecuted diligently and in good faith. Proof of   the ill repute of the demised premises or of the inmates thereof  or  of   those  resorting  thereto  shall  constitute presumptive evidence of the   unlawful use of the demised  premises  required  to  be  stated  in  the   petition  for removal. Both the person in possession of the property and   the owner or landlord shall be made respondents in the proceeding.2. For 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 real property 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 conduct  constituting  use   of the premises for purposes of prostitution.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 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.4.  A  court  granting  a  petition  pursuant  to this section may, in   addition to any other order provided by law, make an order imposing  and   requiring the payment by the respondent of a civil penalty not exceeding   five  thousand dollars to the municipality in which the subject premises   is located and, the payment of reasonable attorneys fees and  the  costs   of  the  proceeding  to  the  petitioner.  In  any  such  case  multiple   respondents shall be jointly and severally liable  for  any  payment  so   ordered  and  the  amounts of such payments shall constitute a lien upon   the subject realty.5. For the purposes of a proceeding under this section, an enforcement   agency of the state or of a subdivision thereof, which  may  commence  a   proceeding  under  this  section,  may  subpoena witnesses, compel their    attendance, examine them under  oath  before  himself  or  a  court  and   require  that  any  books,  records,  documents  or  papers  relevant or   material  to  the  inquiry  be  turned  over  to  him  for   inspection,   examination or audit, pursuant to the civil practice law and rules. If a   person  subpoenaed to attend upon such inquiry fails to obey the command   of a subpoena without reasonable cause, or if  a  person  in  attendance   upon such inquiry shall, without reasonable cause, refuse to be sworn or   to  be  examined  or to answer a question or to produce a book or paper,   when ordered to do so by the officer conducting such inquiry,  he  shall   be guilty of a class B misdemeanor.