[Adopted 11-16-2016 by L.L. No. 8-2016]
A special summary proceeding to evict a tenant from leased premises
may be maintained upon the ground that the premises, or any part thereof,
has been used or occupied for the use, possession, sale or manufacture
of drugs described as illegal by the New York State Penal Law (hereafter
"illegal drugs"). For the purpose of this chapter, 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 or motel who
has been in possession of the premises for 30 consecutive days or
longer. The term "premises" shall mean the apartment, room or rooms
used or occupied by the tenant. The term "real property" shall mean
the parcel of land or building in which such apartment, room or rooms
is located.
The procedures applicable to summary proceedings to recover
possession of premises or real property under New York State law shall
be applicable to any proceeding brought under this chapter.
Two or more convictions of any person or persons, within a period
of one year, for any of the offenses described 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
§ 4(4) of the Multiple Dwellings Law shall be presumptive
evidence of conduct constituting illegal use and occupancy of the
real property for the use, possession, sale or manufacture of illegal
drugs and of the owner's and landlord's knowledge of such
illegal use and occupancy.
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 of a civil penalty not
exceeding $5,000 to the Town of Crawford 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 real property, and such payment amount,
including interest, may be assessed and levied against the real property
and collected in the same manner as real property taxes.