[Adopted 7-25-2016 by L.L. No. 5-2016]
A special summary 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
drugs deemed by New York State Penal Law to be illegal by their nature,
quantity, possession, or use (hereinafter "illegal drugs"). For the
purposes of this article, 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 New York State law shall be applicable
to any proceeding brought under this article.
Two or more convictions of any person or persons, within a period
of one year, for any of the offenses defined in Articles 220 and 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 Section 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's
knowledge thereof.
A court granting a petition pursuant to this article 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 realty.