A special proceeding to evict a tenant from leased premises
may be maintained upon the ground that the premises, or any part thereof,
have been used or occupied for the purpose of using or possessing
illegal drugs. For purposes of this section, the term "tenant," in
addition to its ordinary meaning, shall include an occupant of one
or more rooms in a rooming house or a resident, not including a transient
occupant, of one or more rooms in a hotel who has been in possession
for 30 consecutive days or longer.
The procedures applicable to summary proceedings to recover
possession of real property under state law shall be applicable to
any proceeding brought under this chapter.
Two or more convictions of any person or persons had, within
a period of one year, for any of the offenses defined in Article 220
or 221 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 4 of the Multiple Dwelling Law shall be presumptive
evidence of conduct constituting use and occupancy of the premises
for the purpose of using and possessing illegal drugs and of the tenant
knowledge thereof.
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 $5,000 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 real property.