N.Y. Multiple Residence Law Section 302-A
Unlawful occupation

1.

If any dwelling or structure be occupied in whole or in part for human habitation in violation of § 302 (Certificate of occupancy)section three hundred two of this article, no rent shall be recovered by the owner of such premises for said period, and no action for possession of said premises for nonpayment of such rent shall be maintained therefor.

2.

The department charged with the enforcement of this chapter may cause to be vacated any dwelling or any part thereof which contains a nuisance as defined in § 305 (Nuisances)section three hundred five of this article, 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.

Source: Section 302-A — Unlawful occupation, https://www.­nysenate.­gov/legislation/laws/MRE/302-A (updated Nov. 8, 2019; accessed Feb. 28, 2026).

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Verified:
Feb. 28, 2026

Last modified:
Nov. 8, 2019

§ 302-A. Unlawful occupation's source at nysenate​.gov

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