[Ord. No. 36, 4-3-2002; amended in its entirety 8-5-2009 by Ord. No. 103]
As used in this division, the following terms shall have the meanings indicated:
CRIMINAL CONVICTION
The entry of a plea of guilty to or a verdict of guilty for one or more counts set forth in an accusatory instrument.
ILLEGAL DRUG ACTIVITY
Use or possession of a controlled substance or marijuana along with possession of illegal firearms or weapons, as defined by the New York State Penal Law.
OWNER
The owner or landlord of a premises, including his/her agent.
PREMISES
A building or structure, or any part thereof.
TENANT
The lessee or occupant of a premises. For purposes of this division, 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.
Whenever the tenant shall use or occupy a premises, or allow said premises to be used or occupied, for the purpose of illegal drug activity and/or the possession of illegal firearms or weapons, the lease or agreement for the letting or occupancy of such premises shall become void, and the owner may enter upon such premises.
(a) 
An owner may maintain a special proceeding to evict a tenant from the leased premises upon the ground that the premises have been used or occupied for the purposes of illegal drug activity and/or the possession of illegal firearms or weapons.
(b) 
The procedures applicable to summary proceedings to recover possession of real property under the New York State Real Property Actions and Proceedings Law shall be applicable to any proceeding brought under this chapter.
(a) 
The Corporation Counsel or his/her designee may serve personally upon the owner of a premises used or occupied for illegal drug activity and/or the possession of illegal firearms or weapons, a written notice requiring the owner to make an application for the removal of the tenant(s) occupying such premises. If the owner does not make such application within five days thereafter, or having made the application, does not in good faith diligently prosecute it, the Corporation Counsel or his/her designee may bring a proceeding under this chapter for such removal on behalf of the City, as if the City were the owner of the premises, which shall have precedence over any similar proceeding brought by the owner, or to one theretofore brought by the owner and not prosecuted diligently and in good faith.
(b) 
Both the tenant and the owner shall be made respondents in any proceeding prosecuted by the City under this chapter.
The existence of two or more criminal convictions for illegal drug activity and/or the possession of illegal firearms or weapons engaged in at a premises shall be prima facie evidence of the use or occupation of the premises for illegal drug activity and of the tenant's knowledge thereof.
A court granting a petition pursuant to this chapter may, in addition to any other order provided by law, make an order imposing and requiring the payment by the respondent(s) of a civil penalty not exceeding $5,000 to the City and the payment of reasonable attorney's 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.