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.
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.