[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:
The entry of a plea of guilty to or a verdict of guilty for
one or more counts set forth in an accusatory instrument.
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.
The owner or landlord of a premises, including his/her agent.
A building or structure, or any part thereof.
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.
