N.Y. Real Property Law Section 231
Lease, when void

  • liability of landlord where premises are occupied for unlawful purpose

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, 230.06, 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 premises consisting of a dwelling as that term is defined in subdivision four of Multiple Dwelling Law § 4 (Definitions)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 Multiple Dwelling Law § 4 (Definitions)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.

Source: Section 231 — Lease, when void; liability of landlord where premises are occupied for unlawful purpose, https://www.­nysenate.­gov/legislation/laws/RPP/231 (updated Jan. 22, 2016; accessed Oct. 26, 2024).

220
Action for use and occupation 221
Rent due on life leases recoverable 222
When rent is apportionable 223
Rights where property or lease is transferred 223‑A
Remedies of lessee when possession is not delivered 223‑B
Retaliation by landlord against tenant 224
Attornment by tenant 225
Notice of action adverse to possession of tenant 226
Effect of renewal on sub-lease 226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements 226‑B
Right to sublease or assign 226‑C
Notice of rent increase or non-renewal of residential tenancy 227
When tenant may surrender premises 227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering... 227‑B
Termination of certain contracts by senior citizens 227‑C
Termination of residential lease by victims of domestic violence 227‑D
Discrimination based on domestic violence status 227‑E
Landlord duty to mitigate damages 227‑F
Denial on the basis of involvement in prior disputes prohibited 228
Termination of tenancies at will or by sufferance, by notice 229
Liability of tenant holding over after giving notice of intention to quit 230
Right of tenants to form, join or participate in tenants’ groups 231
Lease, when void 231‑A
Sprinkler system notice in residential leases 231‑B
Flood history and risk notice in residential leases 231‑C
Good cause eviction law notice 232
Duration of certain agreements in New York 232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York 232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York 232‑C
Holding over by a tenant after expiration of a term longer than one month 233
Manufactured home parks 233‑A
Sale of manufactured home parks 233‑B
Manufactured home parks 233‑B*2
Campgrounds 233‑C
Residential ground lease cooperative apartment buildings 234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property 234‑A
Unauthorized legal fees 235
Wilful violations 235‑A
Tenant right to offset payments and entitlement to damages in certain cases 235‑B
Warranty of habitability 235‑BB
Certificates of occupancy 235‑C
Unconscionable lease or clause 235‑D
Harassment 235‑E
Duty to provide a written receipt 235‑F
Unlawful restrictions on occupancy 235‑G
Electronic billing and/or payment of rent 235‑H
Waiver of right to bring a declaratory judgment action 235‑I
Unreasonable tenant fees for reproductions of keys 236
Assignment of lease of a deceased tenant 236‑A
Termination of lease of a deceased tenant 237
Discrimination in leases with respect to bearing of children 237‑A
Discrimination against children in dwelling houses and manufactured home parks 238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies 238‑A
Limitation on fees
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Jan. 22, 2016

§ 231’s source at nysenate​.gov

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