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N.Y. Multiple Dwelling Law § 302

Unlawful occupation

Applied in 5 court decisions — leading case Grassfield v. JUPT, Inc. (2022)

Most recently applied in 77 Misc. 3d 128 - Verdaguer v. Kopacz (November 2022)

2014-09-22

How often courts cite this section

20152020202230
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 302. Unlawful occupation. 1. a. If any dwelling or structure be\noccupied in whole or in part for human habitation in violation of\nsection three hundred one, during such unlawful occupation any bond or\nnote secured by a mortgage upon said dwelling or structure, or the lot\nupon which it stands, may be declared due at the option of the\nmortgagee.\n b. No rent shall be recovered by the owner of such premises for said\nperiod, and no action or special proceeding shall be maintained\ntherefor, or for possession of said premises for nonpayment of such\nrent.\n c. During such period the department in charge of water supply shall\nnot permit water to be furnished in any such dwelling or structure and\nsaid premises shall be deemed unfit for human habitation, and the\ndepartment of health or the department charged with the enforcement of\nthis chapter shall cause them to be vacated.\n 2. The department may cause to be vacated any dwelling or any part\nthereof which contains a nuisance as defined in section three hundred\nnine, or is occupied by more families or persons than permitted in this\nchapter, or is erected, altered or occupied contrary to law. Any such\ndwelling shall not again be occupied until it or its occupancy, as the\ncase may be, has been made to conform to law.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.