Real Property

ARTICLE 7
Landlord and Tenant
Section 220. Action for use and occupation.
221. Rent due on life leases recoverable.
222. When rent is apportionable.
223. Rights where property or lease is transferred.
223-a. Remedies of lessee when possession is not delivered.
223-b. Retaliation by landlord against tenant.
224. Attornment by tenant.
225. Notice of action adverse to possession of tenant.
226. Effect of renewal on sub-lease.
226-a. Effect of new lease on tenant`s right to remove
fixtures or improvements.
226-b. Right to sublease or assign.
227. When tenant may surrender premises.
227-a. Termination of residential lease by senior citizens
entering certain health care facilities, adult care
facilities or housing projects.
227-b. Termination of certain contracts by senior citizens.
228. Termination of tenancies at will or by sufferance, by
notice.
229. Liability of tenant holding over after giving notice of
intention to quit.
230. Right of tenants to form, join or participate in
tenants` groups.
231. Lease, when void; liability of landlord where premises
are occupied for unlawful purpose.
232. Duration of certain agreements in New York.
232-a. Notice to terminate monthly tenancy or tenancy from
month to month in the city of New York.
232-b. Notification to terminate monthly tenancy or tenancy
from month to month outside the city of New York.
232-c. Holding over by a tenant after expiration of a term
longer than one month; effect of acceptance of rent.
233. Manufactured home parks; duties, responsibilities.
234. Tenants` right to recover attorneys` fees in actions or
summary proceedings arising out of leases of
residential property.
235. Wilful violations.
235-a. Tenant right to offset payments and entitlement to
damages in certain cases.
235-b. Warranty of habitability.
235-c. Unconscionable lease or clause.
235-d. Harassment.
235-e. Duty of landlord to provide written receipt.
235-f. Unlawful restrictions on occupancy.
236. Assignment of lease of a deceased tenant.
236.* Discrimination against children in dwelling houses and
manufactured home parks.
237. Discrimination in leases with respect to bearing of
children.
238. Agreements or contracts for privileges to deal with
occupants of tenements, apartment houses or bungalow
colonies.

S 220. Action for use and occupation. The landlord may recover a
reasonable compensation for the use and occupation of real property, by
any person, under an agreement, not made by deed; and a parol lease or
other agreement may be used as evidence of the amount to which he is
entitled.

S 221. Rent due on life leases recoverable. Rent due on a lease for
life or lives is recoverable by action, as well after as before the
death of the person on whose life the rent depends, and in the same
manner as rent due on a lease for years.

S 222. When rent is apportionable. Where a tenant for life, who shall
have demised the real property, dies before the first rent day, or
between two rent days, his executor or administrator may recover the
proportion of rent which accrued to him before his death.

S 223. Rights where property or lease is transferred. The grantee of
leased real property, or of a reversion thereof, or of any rent, the
devisee or assignee of the lessor of such a lease, or the heir or
personal representative of either of them, has the same remedies, by
entry, action or otherwise, for the nonperformance of any agreement
contained in the assigned lease for the recovery of rent, for the doing
of any waste, or for other cause of forfeiture as his grantor or lessor
had, or would have had, if the reversion had remained in him. A lessee
of real property, his assignee or personal representative, has the same
remedy against the lessor, his grantee or assignee, or the
representative of either, for the breach of an agreement contained in
the lease, that the lessee might have had against his immediate lessor,
except a covenant against incumbrances or relating to the title or
possession of the premises leased. This section applies as well to a
grant or lease in fee, reserving rent, as to a lease for life or for
years; but not to a deed of conveyance in fee, made before the ninth day
of April, eighteen hundred and five, or after the fourteenth day of
April, eighteen hundred and sixty.

S 223-a. Remedies of lessee when possession is not delivered. In the
absence of an express provision to the contrary, there shall be implied
in every lease of real property a condition that the lessor will deliver
possession at the beginning of the term. In the event of breach of such
implied condition the lessee shall have the right to rescind the lease
and to recover the consideration paid. Such right shall not be deemed
inconsistent with any right of action he may have to recover damages.

S 223-b. Retaliation by landlord against tenant. 1. No landlord of
premises or units to which this section is applicable shall serve a no-
tice to quit upon any tenant or commence any action to recover real
property or summary proceeding to recover possession of real property in
retaliation for:
a. A good faith complaint, by or in behalf of the tenant, to a
governmental authority of the landlord`s alleged violation of any health
or safety law, regulation, code, or ordinance, or any law or regulation
which has as its objective the regulation of premises used for dwelling
purposes or which pertains to the offense of rent gouging in the third,
second or first degree; or
b. Actions taken in good faith, by or in behalf of the tenant, to
secure or enforce any rights under the lease or rental agreement, under
section two hundred thirty-five-b of this chapter, or under any other
law of the state of New York, or of its governmental subdivisions, or of
the United States which has as its objective the regulation of premises
used for dwelling purposes or which pertains to the offense of rent
goug- ing in the third, second or first degree; or
c. The tenant`s participation in the activities of a tenant`s
organization.
2. No landlord or premises or units to which this section is
applicable shall substantially alter the terms of the tenancy in
retaliation for any actions set forth in paragraphs a, b, and c of
subdivision one of this section. Substantial alteration shall include,
but is not limited to, the refusal to continue a tenancy of the tenant
or, upon expiration of the tenant`s lease, to renew the lease or offer a
new lease; provided, however, that a landlord shall not be required
under this section to offer a new lease or a lease renewal for a term
greater than one year and after such extension of a tenancy for one year
shall not be required to further extend or continue such tenancy.
3. A landlord shall be subject to a civil action for damages and other
appropriate relief, including injunctive and other equitable remedies,
as may be determined by a court of competent jurisdiction in any case in
which the landlord has violated the provisions of this section.
4. In any action to recover real property or summary proceeding to
recover possession of real property, judgment shall be entered for the
tenant if the court finds that the landlord is acting in retaliation for
any action set forth in paragraphs a, b, and c of subdivision one of
this section and further finds that the landlord would not otherwise
have commenced such action or proceeding. Retaliation shall be asserted
as an affirmative defense in such action or proceeding. The tenant shall
not be relieved of the obligation to pay any rent for which he is
otherwise liable.
5. In an action or proceeding instituted against a tenant of premises
or a unit to which this section is applicable, a rebuttable presumption
that the landlord is acting in retaliation shall be created if the
tenant establishes that the landlord served a notice to quit, or
instituted an action or proceeding to recover possession, or attempted
to substantially alter the terms of the tenancy, within six months
after:
a. A good faith complaint was made, by or in behalf of the tenant, to
a governmental authority of the landlord`s violation of any health or
safety law, regulation, code, or ordinance, or any law or regulation
which has as its objective the regulation of premises used for dwelling
purposes or which pertains to the offense of rent gouging in the third,
second or first degree; or
b. The tenant in good faith commenced an action or proceeding in a
court or administrative body of competent jurisdiction to secure or
enforce against the landlord or his agents any rights under the lease or
rental agreement, under section two hundred thirty-five-b of this
chapter, or under any other law of the state of New York, or of its
governmental subdivisions, or of the United States which has as its
objective the regulation of premises used for dwelling purposes or which
pertains to the offense of rent gouging in the third, second or first
degree.
c. Judgment under subdivision three or four of this section was
entered for the tenant in a previous action between the parties; or an
inspection was made, an order was entered, or other action was taken as
a result of a complaint or act described in paragraph a or b of this
subdivision.
But the presumption shall not apply in an action or proceeding based
on the violation by the tenant of the terms and conditions of the lease
or rental agreement, including nonpayment of the agreed-upon rent. The
effect of the presumption shall be to require the landlord to provide a
credible explanation of a non-retaliatory motive for his acts. Such an
explanation shall overcome and remove the presumption unless the tenant
disproves it by a preponderance of the evidence.
6. This section shall apply to all rental residential premises except
owner-occupied dwellings with less than four units. However, its
provisions shall not be given effect in any case in which it is
established that the condition from which the complaint or action arose
was caused by the tenant, a member of the tenant`s household, or a guest
of the tenant. Nor shall it apply in a case where a tenancy was
terminated pursuant to the terms of a lease as a result of a bona fide
transfer of ownership.

S 224. Attornment by tenant. The attornment of a tenant to a stranger
is absolutely void and does not in any way affect the possession of the
landlord unless made either:
1. With the consent of the landlord; or,
2. Pursuant to or in consequence of a judgment, order, or decree of a
court of competent jurisdiction; or
3. To a purchaser at foreclosure sale.

S 225. Notice of action adverse to possession of tenant. Where a
process or summons in an action to recover the real property occupied by
him, or the possession thereof, is served upon a tenant, he must
forthwith give notice thereof to his landlord; otherwise he forfeits the
value of three years` rent of such property, to the landlord or other
person of whom he holds.

S 226. Effect of renewal on sub-lease. The surrender of an under-lease
is not requisite to the validity of the surrender of the original lease,
where a new lease is given by the chief landlord. Such a surrender and
renewal do not impair any right or interest of the chief landlord, his
lessee or the holder of an under-lease, under the original lease;
including the chief landlord`s remedy by entry, for the rent or duties
secured by the new lease, not exceeding the rent and duties reserved in
the original lease surrendered.

S 226-a. Effect of new lease on tenant`s right to remove fixtures or
improvements. Unless otherwise expressly agreed, where a tenant has a
right to remove fixtures or improvements, such right shall not be lost
or impaired by reason of his acceptance of a new lease of the same
premises without any surrender of possession between terms.

S 226-b. Right to sublease or assign. 1. Unless a greater right to
assign is conferred by the lease, a tenant renting a residence may not
assign his lease without the written consent of the owner, which consent
may be unconditionally withheld without cause provided that the owner
shall release the tenant from the lease upon request of the tenant upon
thirty days notice if the owner unreasonably withholds consent which
release shall be the sole remedy of the tenant. If the owner reasonably
withholds consent, there shall be no assignment and the tenant shall not
be released from the lease.
2. (a) A tenant renting a residence pursuant to an existing lease in a
dwelling having four or more residential units shall have the right to
sublease his premises subject to the written consent of the landlord in
advance of the subletting. Such consent shall not be unreasonably
withheld.
(b) The tenant shall inform the landlord of his intent to sublease by
mailing a notice of such intent by certified mail, return receipt
requested. Such request shall be accompanied by the following
information: (i) the term of the sublease, (ii) the name of the proposed
sublessee, (iii) the business and permanent home address of the proposed
sublessee, (iv) the tenant`s reason for subletting, (v) the tenant`s
address for the term of the sublease, (vi) the written consent of any
co-tenant or guarantor of the lease, and (vii) a copy of the proposed
sublease, to which a copy of the tenant`s lease shall be attached if
available, acknowledged by the tenant and proposed subtenant as being a
true copy of such sublease.
(c) Within ten days after the mailing of such request, the landlord
may ask the tenant for additional information as will enable the
landlord to determine if rejection of such request shall be
unreasonable. Any such request for additional information shall not be
unduly burdensome. Within thirty days after the mailing of the request
for consent, or of the additional information reasonably asked for by
the landlord, whichever is later, the landlord shall send a notice to
the tenant of his consent or, if he does not consent, his reasons
therefor. Landlord`s failure to send such a notice shall be deemed to be
a consent to the proposed subletting. If the landlord consents, the
premises may be sublet in accordance with the request, but the tenant
thereunder, shall nevertheless remain liable for the performance of
tenant`s obligations under said lease. If the landlord reasonably
withholds consent, there shall be no subletting and the tenant shall not
be released from the lease. If the landlord unreasonably withholds
consent, the tenant may sublet in accordance with the request and may
recover the costs of the proceeding and attorneys fees if it is found
that the owner acted in bad faith by withholding consent.
3. The provisions of this section shall apply to leases entered into
or renewed before or after the effective date of this section, however
they shall not apply to public housing and other units for which there
are constitutional or statutory criteria covering admission thereto nor
to a proprietary lease, viz.: a lease to, or held by, a tenant entitled
thereto by reason of ownership of stock in a corporate owner of premises
which operates the same on a cooperative basis.
4. With respect to units covered by the emergency tenant protection
act of nineteen seventy-four or the rent stabilization law of nineteen
hundred sixty-nine the exercise of the rights granted by this section
shall be subject to the applicable provisions of such laws. Nothing
contained in this section two hundred twenty-six-b shall be deemed to
affect the rights, if any, of any tenant subject to title Y of chapter
51 of the administrative code of the city of New York or the emergency
housing rent control law.
5. Any sublet or assignment which does not comply with the provisions
of this section shall constitute a substantial breach of lease or
tenancy.
6. Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and void.
7. The provisions of this section except for items in paragraph (b) of
subdivision two of this section not previously required, shall apply to
all actions and proceedings pending on the effective date of this
section.
8. Nothing contained in this section shall be deemed to prevent or
limit the right of a tenant to sell improvements to a unit pursuant to
article seven-C of the multiple dwelling law.

S 227. When tenant may surrender premises. Where any building, which
is leased or occupied, is destroyed or so injured by the elements, or
any other cause as to be untenantable, and unfit for occupancy, and no
express agreement to the contrary has been made in writing, the lessee
or occupant may, if the destruction or injury occurred without his or
her fault or neglect, quit and surrender possession of the leasehold
premises, and of the land so leased or occupied; and he or she is not
liable to pay to the lessor or owner, rent for the time subsequent to
the surrender. Any rent paid in advance or which may have accrued by the
terms of a lease or any other hiring shall be adjusted to the date of
such surrender.

S 227-a. Termination of residential lease by senior citizens moving to
a residence of a family member or entering certain health care
facilities, adult care facilities or housing projects. 1. In any lease
or rental agreement covering premises occupied for dwelling purposes in
which a lessee or tenant has attained the age of sixty-two years or
older, or will attain such age during the term of such lease or rental
agreement or a husband or wife of such a person residing with him or
her, there shall be implied a covenant by the lessor or owner to permit
such lessee or tenant: (a) who is certified by a physician as no longer
able, for medical reasons, to live independently in such premises and
requiring assistance with instrumental activities of daily living or
personal activities of daily living, and who will move to a residence of
a member of his or her family, or (b) who is notified of his or her
opportunity to commence occupancy in an adult care facility (as defined
in subdivision twenty-one of section two of the social services law)
except for a shelter for adults (as defined in subdivision twenty-three
of section two of such law), a residential health care facility (as
defined in section two thousand eight hundred one of the public health
law), or a housing unit which receives substantial assistance of grants,
loans or subsidies from any federal, state or local agency or
instrumentality, or any not-for-profit philanthropic organization one of
whose primary purposes is providing low or moderate income housing, or
in less expensive premises in a housing project or complex erected for
the specific purpose of housing senior citizens, to terminate such lease
or rental agreement and quit and surrender possession of the leasehold
premises, and of the land so leased or occupied; and to release the
lessee or tenant from any liability to pay to the lessor or owner, rent
or other payments in lieu of rent for the time subsequent to the date of
termination of such lease in accordance with subdivision two of this
section; and to adjust to the date of surrender any rent or other
payments made in advance or which have accrued by the terms of such
lease or rental agreement.
2. Any lease or rental agreement covered by subdivision one of this
section may be terminated by notice in writing delivered to the lessor
or owner or to the lessor`s or owner`s agent by a lessee or tenant. Such
termination shall be effective no earlier than thirty days after the
date on which the next rental payment subsequent to the date when such
notice is delivered is due and payable. Such notice shall be accompanied
by a documentation of the physician`s certification, accompanied by a
notarized statement from a family member stating that the senior citizen
is related, and will be moving into their place of residence for a
period of not less than six months or admission or pending admission to
a facility set forth in subdivision one of this section. Such notice
shall be deemed delivered five days after mailing. Documentation of
admission or pending admission shall consist of a copy of an executed
lease or contract between the lessee or tenant and a facility set forth
in subdivision one of this section.
3. Any person who shall knowingly seize, hold, or detain the personal
effects, clothing, furniture or other property of any person who has
lawfully terminated a lease or rental agreement covered by this section
or the spouse or dependent of any such person, or in any manner
interferes with the removal of such property from the premises covered
by such lease or rental agreement, for the purpose of subjecting or
attempting to subject any of such property to a purported claim for rent
accruing subsequent to the date of termination of such lease or rental
agreement, or attempts so to do, shall be guilty of a misdemeanor and
shall be punished by imprisonment not to exceed one year or by fine not
to exceed one thousand dollars, or by both such fine and imprisonment.
3-a. Each owner or lessor of a facility or unit into which a lessee or
tenant is entitled to move after quitting and surrendering as provided
for herein shall in writing, upon an application, notify prospective
tenants of the provision of this section. Such notice shall include, in
plain and simple English, in conspicuous print of at least eighteen
point type, an explanation of a tenants right to terminate the existing
lease and all other applicable requirements and duties relating thereto.
Such notice shall read as follows:
NOTICE TO SENIOR CITIZENS:
RESIDENTIAL LEASE TERMINATION
SECTION 227-a OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR THE TERMINATION OF A RESIDENTIAL LEASE BY SENIOR CITIZENS MOVING TO
A RESIDENCE OF A FAMILY MEMBER OR ENTERING CERTAIN HEALTH CARE
FACILITIES, ADULT CARE FACILITIES OR HOUSING PROJECTS.
Who is eligible?
Any lessee or tenant who is age sixty-two years or older,
or who will attain such age during the term of the lease or rental
agreement,
or a spouse of such person residing with him or her.
What kind of facilities does this law apply to?
This law will apply if the senior citizen is relocating to:
A. An adult care facility;
B. A residential health care facility;
C. Subsidized low income housing;
D. Senior citizen housing; or
E. A residence of a family member.
What are the responsibilities of the rental property owner?
When the tenant gives notice of his or her opportunity to move into
one of the above facilities the landlord must allow:
A. for the termination of the lease or rental agreement, and
B. the release of the tenant from any liability to pay rent or other
payments in lieu of rent from the termination of the lease in accordance
with section 227-a of the real property law, to the time of the original
termination date, and
C. to adjust any payments made in advance or payments which have
accrued by the terms of such lease or rental agreement.
How do you terminate the lease?
If the tenant can move into one of the specified facilities, he or she
must terminate the lease or agreement in writing no earlier than thirty
days after the date on which the next rental payment (after the notice
is delivered) is due and payable. The notice is deemed delivered five
days after being mailed. The written notice must include documentation
of admission or pending admission to one of the above mentioned
facilities.
For example: Mail the notice: May 5th
Notice received: May 10th
Next rental payment due: June 1st
Termination effective: July 1st
Will the landlord face penalties if he or she does not comply?
Yes, according to section 227-a of the real property law, if anyone
interferes with the removal of your property from the premises they will
be guilty of a misdemeanor and will be either imprisoned for up to one
year or fined up to $1000.00 or both.
4. Any agreement by a lessee or tenant of premises occupied for
dwelling purposes waiving or modifying his or her rights as set forth in
this section shall be void as contrary to public policy.

S 227-b. Termination of certain contracts by senior citizens. 1. In
any lease or contract for a senior citizen who has attained the age of
sixty-two or older to reside in those facilities set forth in
subdivision one of section two hundred twenty-seven-a of this article
except for residential health care facility (as defined in section
twenty-eight hundred one of the public health law) and any other
facilities operated for the specific purpose of housing senior citizens
which offer ancillary services to accommodate senior citizens, there
shall be implied a covenant by the lessor or owner of such facilities to
permit such senior citizen, or other person obligated by any part of
such lease or contract on behalf of such senior citizen, to cancel such
lease or contract until midnight of the third business day after which
such person has signed such lease or contract. Where any provision of
such lease or contract or any law or regulations affords a longer period
to cancel than the period provided in this subdivision, such longer
period shall govern.
2. Cancellation occurs when written notice of cancellation is given to
the owner or lessor.
3. Notice of cancellation, if given by mail, shall be deemed given on
the date of the postmark.
4. The form of notice of cancellation shall not be prescribed by such
lease or contract. Notice of cancellation shall be sufficient if it
indicates the intention of the senior citizen or other person obligated
for any part of the contract on behalf of such senior citizen to cancel
such lease or contract.
5. Where a person exercises their right to cancel a lease or contract
pursuant to this section, and such person has terminated a lease or
rental agreement under section two hundred twenty-seven-a of this
article, such person shall have the right to reinstate such original
lease or rental agreement until midnight of the fifth business day after
the notice of termination required under subdivision two of section two
hundred twenty-seven-a of this article has been delivered. Notice of
intent to reinstate a lease or rental agreement pursuant to this
subdivision shall be made in writing and delivered to the lessor or
owner or to the owner`s or lessor`s agent by the lessee or tenant. If
such notice is given by mail, it shall be deemed given on the date of
the postmark. Such original lease or rental agreement shall continue to
be in effect for the period stated in such agreement as if there had
been no interruption in the lease period.
6. Any lease or rental agreement entered into by a lessor or owner to
relet the premises being vacated by the senior citizen pursuant to a
notice served pursuant to section two hundred twenty-seven-a of this
article shall be subject to the provisions of this section. In the event
a senior citizen exercises his or her right of reinstatement pursuant to
this section such lease or rental agreement to relet the premises shall
be canceled. In such event the owner or lessor shall have no obligation
to (a) the prospective tenant other than refund of any rent or security
paid to such owner or lessor by the prospective tenant, or (b) any
broker, agent or other party in connection with such reletting.
7. Any broker`s fee or commission paid in connection with the lease or
contract referred to in subdivision one of this section or reletting
referred to in subdivision six of this section shall be refunded to the
party who paid such fee or commission if such lease or contract referred
to in subdivision one of this section is canceled pursuant to this
section or if such lease or rental agreement referred to in subdivision
six of this section is canceled or terminated.
8. Notwithstanding any other provision of this section, any person who
enters senior citizen housing prior to midnight of the third business
day after the day on which such person has signed a lease or contract
for such housing and subsequently cancels such lease or contract shall
be financially responsible for room, board and services received while
such person was a resident in such housing in the same manner and to the
same extent had the lease or contract not been canceled pursuant to the
provisions of this section.
9. Such lease or contract referred to in subdivision one of this
section shall include a statement notifying the senior citizen of his or
her right to cancel such lease or contract pursuant to the provisions of
this section. Such statement shall include in conspicuous print, of at
least eighteen point type, an explanation of a senior citizen`s right to
cancel a lease or contract referred to in subdivision one of this
section and all other applicable requirements and duties relating
thereto. Such notice shall read as follows:
NOTICE TO SENIOR CITIZENS:
A. CONTRACT OR LEASE CANCELLATION
SECTION 227-b OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
FOR THE CANCELLATION OF A CONTRACT OR LEASE ENTERED INTO BY SENIOR
CITIZENS WITH CERTAIN HEALTH CARE FACILITIES, ADULT CARE FACILITIES OR
OTHER SENIOR CITIZEN HOUSING FACILITIES.
Who is eligible?
Any senior citizen who is age sixty-two years or older.
What kind of facilities does this law apply to?
This law will apply if the senior citizen is canceling a contract or
lease with:
a. An adult care facility;
b. Other senior citizen housing facilities.
How do you cancel the contract or lease?
The senior citizen is allowed to cancel a contract or lease entered
into with any of the above mentioned facilities until midnight of the
third business day after which the contract or lease was signed by the
senior citizen. Cancellation occurs when written notice of
cancellation is given to the owner of the facility. Notice of
cancellation, if given by mail, shall be deemed given on the date of
the postmark.
B. REINSTATEMENT OF A RESIDENTIAL LEASE
SECTION 227-B OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK ALLOWS
SENIOR CITIZENS TO REINSTATE A RESIDENTIAL LEASE UNDER CERTAIN
CONDITIONS.
Who is eligible?
Any senior citizen who has exercised his or her right to cancel a
lease or contract with an adult care facility or a senior citizen
housing facility and has terminated a residential lease under Section
227-a of the Real Property Law of the State of New York.
How do you reinstate a residential lease?
The senior citizen is allowed to reinstate a residential lease until
midnight of the fifth business day after the notice of termination
required under subdivision two of section 227-a of the real property
law has been delivered. Reinstatement occurs when written notice of
reinstatement is given to the landlord. Notice of reinstatement, if
given by mail, shall be deemed given on the date of the postmark.
10. Any agreement by a senior citizen waiving or modifying any of the
rights set forth in this section shall be void as contrary to public
policy.

S 228. Termination of tenancies at will or by sufferance, by notice. A
tenancy at will or by sufferance, however created, may be terminated by
a written notice of not less than thirty days given in behalf of the
landlord, to the tenant, requiring him to remove from the premises;
which notice must be served, either by delivering to the tenant or to a
person of suitable age and discretion, residing upon the premises, or if
neither the tenant nor such a person can be found, by affixing it upon a
conspicuous part of the premises, where it may be conveniently read. At
the expiration of thirty days after the service of such notice, the
landlord may re-enter, maintain an action to recover possession, or
proceed, in the manner prescribed by law, to remove the tenant, without
further or other notice to quit.

S 229. Liability of tenant holding over after giving notice of
intention to quit. If a tenant gives notice of his intention to quit the
premises held by him, and does not accordingly deliver up the possession
thereof, at the time specified in such notice, he or his personal
representatives must, so long as he continue in possession, pay to the
landlord, his heirs or assigns, double the rent which he should
otherwise have paid, to be recovered at the same time, and in the same
manner, as the single rent.

S 230. Right of tenants to form, join or participate in tenants`
groups. 1. No landlord shall interfere with the right of a tenant to
form, join or participate in the lawful activities of any group,
committee or other organization formed to protect the rights of tenants;
nor shall any landlord harass, punish, penalize, diminish, or withhold
any right, benefit or privilege of a tenant under his tenancy for
exercising such right.
2. Tenants` groups, committees or other tenants` organizations shall
have the right to meet without being required to pay a fee in any
location on the premises including a community or social room where use
is normally subject to a fee which is devoted to the common use of all
tenants in a peaceful manner, at reasonable hours and without
obstructing access to the premises or facilities. No landlord shall deny
such right.

S 231. Lease, when void; liability of landlord where premises are
occupied for unlawful purpose. 1. Whenever the lessee or occupant other
than the owner of any building or premises, shall use or occupy the
same, or any part thereof, for any illegal trade, manufacture or other
business, the lease or agreement for the letting or occupancy of such
building or premises, or any part thereof shall thereupon become void,
and the landlord of such lessee or occupant may enter upon the premises
so let or occupied.
2. The owner of real property, knowingly leasing or giving possession
of the same to be used or occupied, wholly or partly, for any unlawful
trade, manufacture or business, or knowingly permitting the same to be
so used, is liable severally, and also jointly with one or more of the
tenants or occupants thereof, for any damage resulting from such
unlawful use, occupancy, trade, manufacture or business.
3. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 230.00, 230.05, 230.20, 230.25, 230.30, or
230.40 of the penal law arising out of conduct engaged in at the same
premises consisting of a dwelling as that term is defined in subdivision
four of section four of the multiple dwelling law shall be presumptive
evidence of unlawful use of such premises and of the owners knowledge of
the same.
4. Any lease or agreement hereafter executed for the letting or
occupancy of real property or any portion thereof, to be used by the
lessee as a residence, which contains therein a provision pledging
personal property exempt by law from levy and sale by virtue of an
execution, as security for the payment of rent due or to become due
thereunder, is void as to such provision.
* 5. The attorney general may commence an action or proceeding in the
supreme court to enjoin the continued unlawful trade, manufacture or
business in such premises.
* NB There are 2 sub 5`s
* 5. For the purposes of this section, two or more convictions of any
person or persons had, within a period of one year, for any of the
offenses described in section 225.00, 225.05, 225.10, 225.15, 225.20,
225.30, 225.32, 225.35 or 225.40 of the penal law, arising out of
conduct engaged in at the same premises consisting of a dwelling as that
term is defined in subdivision four of section four of the multiple
dwelling law shall be presumptive evidence of unlawful use of such
premises and of the owner`s knowledge of the same.
* NB There are 2 sub 5`s
6. Any owner or tenant, including a tenant of one or more rooms of an
apartment house, tenement house or multiple dwelling of any premises
within two hundred feet of the demised real property, may commence an
action or proceeding in supreme court to enjoin the continued unlawful
trade, manufacture or other business in such premises.

S 232. Duration of certain agreements in New York. An agreement for
the occupation of real estate in the city of New York, which shall not
particularly specify the duration of the occupation, shall be deemed to
continue until the first day of October next after the possession
commences under the agreement.

S 232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over his term unless at least
thirty days before the expiration of the term the landlord or his agent
serve upon the tenant, in the same manner in which a notice of petition
in summary proceedings is now allowed to be served by law, a notice in
writing to the effect that the landlord elects to terminate the tenancy
and that unless the tenant removes from such premises on the day on
which his term expires the landlord will commence summary proceedings
under the statute to remove such tenant therefrom.

S 232-b. Notification to terminate monthly tenancy or tenancy from
month to month outside the city of New York. A monthly tenancy or
tenancy from month to month of any lands or buildings located outside of
the city of New York may be terminated by the landlord or the tenant
upon his notifying the other at least one month before the expiration of
the term of his election to terminate; provided, however, that no
notification shall be necessary to terminate a tenancy for a definite
term.

S 232-c. Holding over by a tenant after expiration of a term longer
than one month; effect of acceptance of rent. Where a tenant whose term
is longer than one month holds over after the expiration of such term,
such holding over shall not give to the landlord the option to hold the
tenant for a new term solely by virtue of the tenant`s holding over. In
the case of such a holding over by the tenant, the landlord may proceed,
in any manner permitted by law, to remove the tenant, or, if the
landlord shall accept rent for any period subsequent to the expiration
of such term, then, unless an agreement either express or implied is
made providing otherwise, the tenancy created by the acceptance of such
rent shall be a tenancy from month to month commencing on the first day
after the expiration of such term.

S 233. Manufactured home parks; duties, responsibilities. a. Wherever
used in this section:
1. The term "manufactured home tenant" means one who rents space in a
manufactured home park from a manufactured home park owner or operator
for the purpose of parking his manufactured home or one who rents a
manufactured home in a manufactured home park from a manufactured home
park owner or operator.
2. The term "manufactured home owner" means one who holds title to a
manufactured home.
3. The term "manufactured home park" means a contiguous parcel of
privately owned land which is used for the accommodation of three or
more manufactured homes occupied for year-round living.
4. The term "manufactured home" means a structure, transportable in
one or more sections, which in the traveling mode, is eight body feet or
more in width or forty body feet or more in length, or, when erected on
site, is three hundred twenty or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein; except that such term shall include a "mobile
home" as defined in paragraph five, and shall include a structure which
meets all the requirements of this subdivision except the size
requirements and with respect to which the manufacturer voluntarily
files a certification required by the secretary of housing and urban
development.
5. The term "mobile home" means a moveable or portable unit,
manufactured prior to January first, nineteen hundred seventy-six,
designed and constructed to be towed on its own chassis, comprised of
frame and wheels, connected to utilities, and designed and constructed
without a permanent foundation for year-round living. A unit may contain
parts that may be folded, collapsed or telescoped when being towed and
expanded later to provide additional cubic capacity as well as two or
more separately towable components designed to be joined into one
integral unit capable of being again separated into the components for
repeated towing. "Mobile home" shall mean units designed to be used
exclusively for residential purposes, excluding travel trailers.
b. A manufactured home park owner or operator may not evict a
manufactured home tenant other than for the following reasons:
1. The manufactured home tenant continues in possession of any portion
of the premises after the expiration of his term without the permission
of the manufactured home park owner or operator.
2. The manufactured home tenant has defaulted in the payment of rent,
pursuant to the agreement under which the premises are held, and a
demand of the rent with at least thirty days notice in writing has been
served upon him as prescribed in section seven hundred thirty-five of
the real property actions and proceedings law. Upon the acceptance of
such delinquent rent together with allowable costs, an action instituted
for nonpayment of rent shall be terminated. Any person succeeding to the
manufactured home park owner or operator`s interest in the premises may
proceed under this subdivision for rent due his predecessor in interest
if he has a right thereto.
3. The premises, or any part thereof, are used or occupied as a
bawdy-house, or house or place of assignation for lewd purposes or for
purposes of prostitution, or for any illegal trade or business.
4. The manufactured home tenant is in violation of some federal, state
or local law or ordinance which may be deemed detrimental to the safety
and welfare of the other persons residing in the manufactured home park.
5. The manufactured home tenant or anyone occupying the manufactured
home is in violation of any lease term or rule or regulation established
by the manufactured home park owner or operator pursuant to this
section, and has continued in violation for more than ten days after the
manufactured home park owner or operator has given written notice of
such violation to the manufactured home tenant setting forth the lease
term or rule or regulation violated and directing that the manufactured
home tenant correct or cease violation of such lease term or rule or
regulation within ten days from the receipt of said notice. Upon the
expiration of such period should the violation continue or should the
manufactured home tenant or anyone occupying the manufactured home be
deemed a persistent violator of the lease term or rules and regulations,
the park owner or operator may serve written notice upon the
manufactured home tenant directing that he vacate the premises within
thirty days of the receipt of said notice.
6. The manufactured home park owner or operator proposes a change in
the use of the land comprising the manufactured home park, or a portion
thereof, on which the manufactured home is located, from manufactured
home lot rentals to some other use, provided the manufactured home owner
is given written notice of the proposed change of use and the
manufactured home owner`s need to secure other accommodations. Whenever
a manufactured home park owner or operator gives a notice of proposed
change of use to any manufactured home owner, the manufactured home park
owner or operator shall, at the same time, give notice of the proposed
change of use to all other manufactured home owners in the manufactured
home park who will be required to secure other accommodations as a
result of such proposed change of use. Eviction proceedings based on a
change in use shall not be commenced prior to six months from the
service of notice of proposed change in use or the end of the lease
term, whichever is later. Such notice shall be served in the manner
prescribed in section seven hundred thirty-five of the real property
actions and proceedings law or by certified mail, return receipt
requested.
c. If the manufactured home park owner or operator does not have one
of the above grounds available, the manufactured home tenant may raise
the same by affirmative defense to an action for eviction.
d. The proceedings to evict shall be governed by the procedures set
forth in article seven of the real property actions and proceedings law,
except for the provisions of subdivision two of section seven hundred
forty-nine of the real property actions and proceedings law which shall
be superseded by the provisions of this subdivision.
1. The officer to whom the warrant is directed and delivered shall
give at least ninety days notice, in writing and in the manner
prescribed in article seven of the real property actions and proceedings
law for the service of notice of petition, to the person or persons to
be evicted or dispossessed and shall execute the warrant between the
hours of sunrise and sunset.
2. The court may order that such warrant be directed and delivered
with only thirty days written notice to the person or persons to be
evicted or dispossessed if the conditions upon which the eviction is
founded pose an imminent threat to the health, safety, or welfare of the
other manufactured home tenants in the manufactured home park.
3. The court shall order that such warrant be directed and delivered
with thirty days written notice to the person or persons to be evicted
or dispossessed if the condition upon which the eviction is founded is
that such person is in default in the payment of rent.
4. Notwithstanding the provisions of paragraphs one and two of this
subdivision, nor of any other general, special or local law, rule or
regulation to the contrary, the officer to whom the warrant is directed
and delivered shall give seventy-two hours written notice to the person
or persons to be evicted or dispossessed, if such person or persons
rents a manufactured home in a manufactured home park from a
manufactured home park owner or operator and such officer shall execute
such warrant between the hours of sunrise and sunset.
e. Leases. 1. The manufactured home park owner or operator shall offer
every manufactured home tenant prior to occupancy, the opportunity to
sign a lease for a minimum of one year, which offer shall be made in
writing.
2. (i) On or before, as appropriate, (a) the first day of October of
each calendar year with respect to a manufactured home owner then in
good standing who is not currently a party to a written lease with a
manufactured home park owner or operator or (b) the ninetieth day next
preceding the expiration date of any existing written lease between a
manufactured home owner then in good standing and a manufactured home
park owner or operator, the manufactured home park owner or operator
shall submit to each such manufactured home owner a written offer to
lease for a term of at least twelve months from the commencement date
thereof unless the manufactured home park owner or operator has
previously furnished the manufactured home owner with written
notification of a proposed change of use pursuant to paragraph six of
subdivision b of this section. Any such offer shall include a copy of
the proposed lease containing such terms and conditions, including
provisions for rent and other charges, as the manufactured home park
owner shall deem appropriate; provided such terms and conditions are
consistent with all rules and regulations promulgated by the
manufactured home park operator prior to the date of the offer and are
not otherwise prohibited or limited by applicable law. Such offer shall
also contain a statement advising the manufactured home owner that if he
or she fails to execute and return the lease to the manufactured home
park owner or operator within thirty days after submission of such
lease, the manufactured home owner shall be deemed to have declined the
offer of a lease and shall not have any right to a lease from the
manufactured home park owner or operator for the next succeeding twelve
months.
(ii) For purposes of this paragraph, a manufactured home owner shall
be deemed in good standing if he or she is not in default in the payment
of more than one month`s rent to the manufactured home park owner, and
is not in violation of paragraph three, four or five of subdivision b of
this section. No manufactured home park owner or operator shall refuse
to provide a written offer to lease based on a default of rent payments
or a violation of paragraph three, four or five of subdivision b of this
section unless, at least thirty days prior to the last date on which the
owner or operator would otherwise be required to provide such written
offer to lease, the owner or operator notifies the manufactured home
owner, in writing, of the default in rent or the specific grounds
constituting the violation and such grounds continues up and until the
fifth calendar day immediately preceding the last date on which the
written offer would otherwise be required to be made.
(iii) For purposes of this paragraph, the commencement date of any
lease offered by the manufactured home park owner to the manufactured
home owner shall be the ninetieth day after the date upon which the
manufactured home park owner shall have provided the offer required
pursuant to this paragraph; provided, however, that no such lease shall
be effective if, on such commencement date, the manufactured home owner
is in default of more than one month`s rent. In the event the
manufactured home owner shall have failed to execute and return said
lease to the manufactured home park owner or operator within thirty days
after it is submitted to the manufactured home owner as required by
subparagraph (i) of this paragraph the manufactured home owner shall be
deemed to have declined to enter said lease.
3. No lease provision shall be inconsistent with any rule or
regulation in effect at the commencement of the lease.
f. Rules and regulations. 1. A manufactured home park owner or
operator may promulgate rules and regulations governing the rental or
occupancy of a manufactured home lot provided such rules and regulations
shall not be unreasonable, arbitrary or capricious. A copy of all rules
and regulations shall be delivered by the manufactured home park owner
or operator to all manufactured home tenants at the same time such owner
or operator initially offers the written lease provided for in
subdivision e of this section. A copy of the rules and regulations shall
be posted in a conspicuous place upon the manufactured home park
grounds.
2. If a rule or regulation is not applied uniformly to all
manufactured home tenants of the manufactured home park there shall be a
rebuttable presumption that such rule or regulation is unreasonable,
arbitrary and capricious, provided, however, that an inconsistency
between a rule or regulation and a lease term contained in a lease
signed before the date the rule or regulation is effective shall not
raise a rebuttable presumption that such rule is unreasonable, arbitrary
or capricious.
3. Any rule or regulation which does not conform to the requirements
of this section or which has not been supplied or posted as required by
paragraph one of this subdivision shall be unenforceable and may be
raised by the manufactured home tenant as an affirmative defense in any
action to evict on the basis of a violation of such rule or regulation.
4. No rules or regulations may be changed by the manufactured home
park owner or operator without specifying the date of implementation of
said changed rules and regulations, which date shall be no fewer than
thirty days after written notice to all tenants.
5. A mobile home park owner or operator may not prohibit the placement
of a for sale sign on any mobile home. A rule or regulation may be
promulgated limiting the maximum size of such sign; provided, that it
does not prohibit signs the size of which do not exceed the smaller of
three feet by two feet or the maximum size allowed by law or
governmental regulation or ordinance, if any.
g. 1. No tenant shall be charged a fee for other than rent, utilities
and charges for facilities and services available to the tenant. All
fees, charges or assessments must be reasonably related to services
actually rendered.
2. A manufactured home park owner or operator shall be required to
fully disclose in writing all fees, charges, assessments, including
rental fees, rules and regulations prior to a manufactured home tenant
assuming occupancy in the manufactured home park.
3. No fees, charges, assessments or rental fees may be increased by
manufactured home park owner or operator without specifying the date of
implementation of said fees, charges, assessments or rental fees which
date shall be no less than ninety days after written notice to all
manufactured home tenants. Failure on the part of the manufactured home
park owner or operator to fully disclose all fees, charges or
assessments shall prevent the manufactured home park owner or operator
from collecting said fees, charges or assessments, and refusal by the
manufactured home tenant to pay any undisclosed charges shall not be
used by the manufactured home park owner or operator as a cause for
eviction in any court of law.
4. (a) Whenever money shall be deposited or advanced on a contract or
license agreement for the use or rental of premises and the manufactured
home, if rented, in a manufactured home park as security for performance
of the contract or agreement or to be applied to payments upon such
contract or agreement when due, such money with interest accruing
thereon, if any, until repaid or so applied, shall continue to be the
money of the person making such deposit or advance and shall be a trust
fund in the possession of the person with whom such deposit or advance
shall be made and shall not be mingled with other funds or become an
asset of the park owner, operator or his agent.
(b) Whenever the person receiving money so deposited or advanced shall
deposit such money in a banking organization, such person shall
thereupon notify in writing each of the persons making such security
deposit or advance, giving the name and address of the banking
organization in which the deposit of security money is made, and the
amount of such deposit. Deposits in a banking organization pursuant to
the provisions of this subdivision shall be made in a banking
organization having a place of business within the state. If the person
depositing such security money in a banking organization shall deposit
same in an interest bearing account, he shall be entitled to receive, as
administration expenses, a sum equivalent to one percent per annum upon
the security money so deposited, which shall be in lieu of all other
administrative and custodial expenses. The balances of the interest paid
by the banking organization shall be the money of the person making the
deposit or advance and shall either be held in trust by the person with
whom such deposit or advance shall be made, until repaid or applied for
the use or rental of the leased premises, or annually paid to the person
making the deposit of security money.
(c) Whenever the money so deposited or advanced is for the rental of a
manufactured home park lot on property on which are located six or more
manufactured home park lots, the person receiving such money shall,
subject to the provisions of this section, deposit it in an interest
bearing account in a banking organization within the state which account
shall earn interest at a rate which shall be the prevailing rate earned
by other such deposits made with the banking organizations in such area.
(d) In the event that a lease terminates other than at the time that a
banking organization in such area regularly pays interest, the person
depositing such security money shall pay over to his manufactured home
tenant such interest as he is able to collect at the date of such lease
termination.
(e) Any provision of such a contract or agreement whereby a person who
so deposits or advances money waives any provision of this subdivision
is void.
h. No manufactured home park owner shall:
1. Require a manufactured home tenant therein to purchase from said
manufactured home park owner or operator skirting or equipment for tying
down manufactured homes, or any other equipment. However, the
manufactured home park owner or operator may determine by rule or
regulation the style or quality of such equipment to be purchased by the
manufactured home tenant from the vendor of the manufactured home
tenant`s choosing, providing such equipment is readily available.
2. Charge any manufactured home tenant who chooses to install an
electric or gas appliance in his manufactured home an additional fee
solely on the basis of such installation unless such installation is
performed by the manufactured home park owner or operator at the request
of the manufactured home tenant, nor shall the manufactured home park
owner or operator restrict the installation, service or maintenance of
any such appliance, restrict the ingress or egress of repairers to enter
the manufactured home park for the purpose of installation, service or
maintenance of any such appliance, or restrict the making of any
interior improvement in such manufactured home, so long as such an
installation or improvement is in compliance with applicable building
codes and other provisions of law and further provided that adequate
utilities are available for such installation or improvement.
3. Require, by contract, rule, regulation or otherwise, a manufactured
home dweller to purchase from the manufactured home park owner or any
person acting directly or indirectly on behalf of the park owner,
commodities or services incidental to placement or rental within such
park; nor shall the park owner restrict access to the manufactured home
park to any person employed, retained or requested by the manufactured
home dweller to provide such commodity or service, unless the
manufactured home park owner establishes that such requirement or
restriction is necessary to protect the property of such park owner from
substantial harm or impairment.
4. Require a manufactured home owner or a prospective manufactured
home owner to purchase his or her manufactured home from the
manufactured home park owner or operator, or from any person or persons
designated by the manufactured home park owner or operator. Nothing
herein shall be construed to prevent a manufactured home park owner or
operator from requiring that any new manufactured home to be installed
in his or her manufactured home park comply with the rules and
regulations of said manufactured home park or conform to the physical
facilities then existing for installation of a manufactured home in said
manufactured home park.
i. 1. No manufactured home park owner or operator shall deny any
manufactured home tenant the right to sell his manufactured home within
the manufactured home park provided the manufactured home tenant shall
give to the manufactured home park owner or operator twenty days`
written notice of his intention to sell, provided that if the
manufactured home owner is deceased no such notice shall be required
from the administrator or executor of the home owner`s estate, and
provided further that no manufactured home park owner or operator shall
restrict access to the manufactured home park to any potential purchaser
or representatives of any seller unless the manufactured home park owner
establishes that such restriction is necessary to protect the property
of such park owner or operator from substantial harm or impairment. No
manufactured home park owner or operator shall require the manufactured
home owner or subsequent purchaser to remove the manufactured home from
the manufactured home park solely on the basis of the sale thereof. The
manufactured home park owner or operator may reserve the right to
approve the purchaser of said manufactured home as a manufactured home
tenant for the remainder of the seller`s or deceased tenant`s term but
such permission may not be unreasonably withheld. If the manufactured
home park owner or operator unreasonably withholds his permission or
unreasonably restricts access to the manufactured home park, the
manufactured home tenant or the executor or administrator of a deceased
tenant`s estate may recover the costs of the proceedings and attorneys`
fees if it is found that the manufactured home park owner or operator
acted in bad faith by withholding permission or restricting access.
2. The manufactured home park owner or operator shall not exact a
commission or fee with respect to the price realized by the seller
unless the manufactured home park owner or operator has acted as agent
for the manufactured home owner in the sale pursuant to a written
contract.
3. If the ownership or management rejects a purchaser as a prospective
tenant, the selling tenant must be informed in writing of the reasons
therefor.
j. The owner or operator of a manufactured home park may enter a
manufactured home owner`s manufactured home without the prior consent of
the occupant only in case of emergency. The owner or operator of a
manufactured home park may enter a manufactured home tenant`s
manufactured home during reasonable hours on reasonable notice.
k. The owner or operator shall provide reasonable notice where
practicable to all manufactured home tenants who would be affected by
any planned disruption of necessary services caused by the owner,
operator or his agent.
l. The park owner shall designate an agent on the premises or in close
proximity to the manufactured home park to insure the availability of
emergency response actions in matters affecting the health, safety,
well-being and welfare of manufactured home tenants in the park. The
designated agent`s name, address and telephone number shall be posted in
a conspicuous location in the park, given in writing to each tenant and
registered with appropriate county law enforcement and health officials
and local fire officials.
m. Warranty of habitability, maintenance, disruption of services. In
every written or oral lease or rental agreement entered into by a
manufactured home tenant, the manufactured home park owner or operator
shall be deemed to covenant and warrant that the premises so leased or
rented and the manufactured home if rented and all areas used in
connection therewith in common with other manufactured home tenants or
residents including all roads within the manufactured home park are fit
for human habitation and for the uses reasonably intended by the parties
and that the occupants of such premises and such manufactured homes if
rented shall not be subjected to any conditions which would be
dangerous, hazardous or detrimental to their life, health or safety.
When any such condition has been caused by the misconduct of the
manufactured home tenant or lessee or persons under his direction or
control, it shall not constitute a breach of such covenants and
warranties. The rights and obligations of the manufactured home park
owner or operator and the manufactured home tenant shall be governed by
the provisions of this subdivision and subdivisions two and three of
section two hundred thirty-five-b of this article.
n. 1. No manufactured home park owner or operator shall serve a notice
to quit upon any manufactured home tenant or commence any action to
recover real property or summary proceeding to recover possession of
real property in retaliation for:
(a) A good faith complaint, by or in behalf of the tenant, to a
governmental authority of the manufactured home park owner`s or
operator`s alleged violation of any health or safety law, regulation,
code, or ordinance, or any law or regulation which has as its objective
the regulation of premises used for dwelling purposes; or
(b) Actions taken in good faith, by or in behalf of the manufactured
home tenant, to secure or enforce any rights under the lease or rental
agreement, under subdivision m of this section and subdivisions two and
three of section two hundred thirty-five-b of this article, or under any
other local law, law of the state of New York, or of its governmental
subdivisions, or of the United States which has as its objective the
regulation of premises used for dwelling purposes; or
(c) The manufactured home tenant`s participation in the activities of
a tenant`s organization.
2. No manufactured home park owner or operator shall substantially
alter the terms of the tenancy in retaliation for any actions set forth
in subparagraphs (a), (b), and (c) of paragraph one of this subdivision.
Substantial alteration shall include, but is not limited to, the refusal
to continue a tenancy of the manufactured home tenant or, upon
expiration of the manufactured home owner`s lease, to renew the lease or
offer a new lease; provided, however, that a manufactured home park
owner or operator shall not be required under this subdivision to offer
a manufactured home owner a new lease or a lease renewal for a term
greater than one year.
3. This subdivision shall apply to all manufactured home parks with
four or more manufactured homes. However, its provisions shall not be
given effect in any case in which it is established that the condition
from which the complaint or action arose was caused by the manufactured
home tenant, a member of the manufactured home tenant`s household, or a
guest of the manufactured home tenant. Nor shall it apply in a case
where a tenancy was terminated pursuant to the terms of a lease as a
result of a bona fide transfer of ownership. The rights and obligations
of the manufactured home park owner or operator and the manufactured
home tenant shall be governed by the provisions of this subdivision and
subdivisions three, four and five of section two hundred twenty-three-b
of this article.
o. Whenever a lease shall provide that in any action or summary
proceeding the manufactured home park owner or operator may recover
attorney`s fees and/or expenses incurred as the result of the failure of
the tenant to perform any covenant or agreement contained in such lease,
or that amounts paid by the manufactured home park owner or operator
therefor shall be paid by the tenant as additional rent, there shall be
implied in such lease a covenant by the manufactured home park owner or
operator, to pay to the tenant the reasonable attorney`s fees and/or
expenses incurred by the tenant to the same extent as is provided in
section two hundred thirty-four of this article which section shall
apply in its entirety.
p. Any manufactured home park owner or operator who has agreed to
provide hot or cold water, heat, light, power, or any other service or
facility to any occupant of the manufactured home park who willfully or
intentionally without just cause fails to furnish such water, heat,
light, power, or other service or facility, or who interferes with the
quiet enjoyment of the leased premises, is guilty of a violation.
q. Upon receipt of rent, fees, charges or other assessments, in the
form of cash or any instrument other than the personal check of the
tenant, it shall be the duty of the manufactured home park owner or
operator to provide the payor with a written receipt containing the
following:
1. the date;
2. the amount;
3. the identity of the premises and the period for which paid;
4. the signature and title of the person receiving rent.
r. Limitation on late charges. A late charge on any rental payment by
a manufactured home owner which has become due and remains unpaid shall
not exceed and shall be enforced to the extent of five percent of such
delinquent payment; provided, however, that no charge shall be imposed
on any rental payment by a manufactured home owner received within ten
days after the due date. In the absence of a specific provision in the
lease or the manufactured home park`s rules and regulations, no late
charge on any delinquent rental payment shall be assessed or collected.
s. It shall be a violation for a manufactured home park owner,
operator or his agent to restrict occupancy of a manufactured home or
manufactured home park lot intended for residential purposes by express
lease terms or otherwise, to a manufactured home tenant or tenants or to
such tenants and immediate family. Any such restriction in a lease or
rental agreement entered into or renewed before or after the effective
date of this subdivision shall be unenforceable as against public
policy. The rights and obligations of a manufactured home park owner or
operator and the manufactured home tenant shall be governed by the
provisions of this subdivision and subdivisions one, three, four, five,
six, seven, eight and nine of section two hundred thirty-five-f of this
article.
t. 1. Unless a greater right to assign is conferred by the lease, a
manufactured home tenant may not assign his lease without the written
consent of the manufactured home park owner or operator, which consent
may be unconditionally withheld without cause provided that the
manufactured home park owner or operator shall release the manufactured
home tenant from the lease upon request of the mobile home tenant upon
thirty days notice if the manufactured home park owner or operator
unreasonably withholds consent which release shall be the sole remedy of
the tenant. If the owner reasonably withholds consent, there shall be no
assignment and the manufactured home tenant shall not be released from
the lease.
2. (a) A manufactured home tenant renting space or a manufactured home
in a manufactured home park with four or more manufactured homes
pursuant to an existing lease shall have a right to sublease his
premises subject to the written consent of the park owner in advance of
the subletting. Such consent shall not be unreasonably withheld.
(b) The manufactured home tenant shall inform the manufactured home
park owner or operator of his intent to sublease by mailing a notice of
such intent by certified mail, return receipt requested. Such request
shall be accompanied by the following information: (i) the term of the
sublease, (ii) the name of the proposed sublessee, (iii) the business
and permanent home address of the proposed sublessee, (iv) the tenant`s
reason for subletting, (v) the tenant`s address for the term of the
sublease, (vi) the written consent of any co-tenant or guarantor of the
lease, and (vii) a copy of the proposed sublease, to which a copy of the
manufactured home tenant`s lease shall be attached if available,
acknowledged by the manufactured home tenant and proposed subtenant as
being a true copy of such sublease.
(c) Within ten days after the mailing of such request, the
manufactured home park owner or operator may ask the manufactured home
tenant for additional information as will enable the manufactured home
park owner or operator to determine if rejection of such request shall
be unreasonable. Any such request for additional information shall not
be unduly burdensome. Within thirty days after the mailing of the
request for consent, or of the additional information reasonably asked
for by the manufactured home park owner or operator, whichever is later,
the manufactured home park owner or operator shall send a notice to the
manufactured home tenant of his consent or, if he does not consent, his
reasons therefor. Manufactured home park owner`s or operator`s failure
to send such a notice shall be deemed to be a consent to the proposed
subletting. If the manufactured home park owner or operator consents,
the premises may be sublet in accordance with the request, but the
manufactured home tenant thereunder, shall nevertheless remain liable
for the performance of manufactured home tenant`s obligations under said
lease. If the manufactured home park owner or operator reasonably
withholds consent, there shall be no subletting and the manufactured
home tenant shall not be released from the lease. If the manufactured
home park owner or operator unreasonably withholds consent, the
manufactured home tenant may sublet in accordance with the request and
may recover the costs of the proceeding and attorneys fees if it is
found that the manufactured home park owner or operator acted in bad
faith by withholding consent. The rights and obligations of the
manufactured home park owner or operator and the manufactured home
tenant shall be governed by the provisions of this subdivision and
subdivisions three, five, six, seven and eight of section two hundred
twenty-six-b of this article.
u. In the event of a breach by a manufactured home park owner or
operator of any of the requirements of this section, the manufactured
home tenant may commence an action for damages actually incurred as a
result of such breach, or in an action or summary proceeding commenced
by such manufactured home park owner or operator, may counterclaim for
damages occasioned by such breach.
v. On and after April first, nineteen hundred eighty-nine, the
commissioner of housing and community renewal shall have the power and
duty to enforce and ensure compliance with the provisions of this
section. However, the commissioner shall not have the power or duty to
enforce manufactured home park rules and regulations established under
subdivision f of this section. On or before January first, nineteen
hundred eighty-nine, each manufactured home park owner or operator shall
file a registration statement with the commissioner and shall thereafter
file an annual registration statement on or before January first of each
succeeding year. The commissioner, by regulation, shall provide that
such registration statement shall include only the names of all persons
owning an interest in the park, the names of all tenants of the park,
all services provided by the park owner to the tenants and a copy of all
current manufactured home park rules and regulations. Whenever there
shall be a violation of this section, an application may be made by the
commissioner of housing and community renewal in the name of the people
of the state of New York to a court or justice having jurisdiction by a
special proceeding to issue an injunction, and upon notice to the
defendant of not less than five days, to enjoin and restrain the
continuance of such violation; and if it shall appear to the
satisfaction of the court or justice that the defendant has, in fact,
violated this section, an injunction may be issued by such court or
justice, enjoining and restraining any further violation and with
respect to this subdivision, directing the filing of a registration
statement. In any such proceeding, the court may make allowances to the
commissioner of housing and community renewal of a sum not exceeding two
thousand dollars against each defendant, and direct restitution.
Whenever the court shall determine that a violation of this section has
occurred, the court may impose a civil penalty of not more than one
thousand five hundred dollars for each violation. Such penalty shall be
deposited in the manufactured home cooperative fund, created pursuant to
section fifty-nine-h of the private housing finance law. In connection
with any such proposed application, the commissioner of housing and
community renewal is authorized to take proof and make a determination
of the relevant facts and to issue subpoenas in accordance with the
civil practice law and rules. The provisions of this subdivision shall
not impair the rights granted under subdivision u of this section.
w. Real property tax payments. 1. A manufactured home park owner,
operator or the agent of such owner or operator shall reduce the annual
rent paid by a manufactured home tenant for use of the land upon which
such manufactured home sits in an amount equal to the total of the real
property taxes actually paid by such manufactured home tenant for such
manufactured home plus the amount by which the taxes on such
manufactured home were reduced as a result of the partial real property
tax exemption granted to the manufactured home tenant pursuant to
article four of the real property tax law, provided such manufactured
home tenant:
(a) owns a manufactured home which is separately assessed, subject to
the provisions of paragraph two of this subdivision;
(b) is entitled to and actually receives a partial real property tax
exemption pursuant to article four of the real property tax law; and
(c) pays the real property taxes due on such home.
2. In the case of a manufactured home which is not separately
assessed, but which is entitled to and actually receives the school tax
relief (STAR) exemption authorized by section four hundred twenty-five
of the real property tax law, the tenant of such manufactured home shall
be entitled to a rent reduction pursuant to this subdivision to the same
extent as a tenant of a manufactured home which satisfies the criteria
set forth in paragraph one of this subdivision. Such rent reduction
shall be equal to the amount by which the taxes on such manufactured
home were reduced as a result of such exemption.
3. A manufactured home park owner or operator providing a reduction in
rent as required by paragraph one or two of this subdivision may retain,
in consideration for record keeping expenses, two percent of the amount
of such reduction.
3-a. Any reduction required to be provided pursuant to paragraph one
or two of this subdivision shall be provided as follows:
(a) a reduction in monthly rent (prorating the reduction in twelve
parts) shall take effect upon the first monthly rental payment due sixty
days after the last date for the payment of real property taxes with no
penalty or interest for lateness and shall be extended to the next
eleven monthly payments thereafter; or
(b) with the consent of the manufactured home park owner, operator, or
agent of such owner or operator, a reduction in rent may be offset in
the entire amount of such reduction against the first monthly rental
payment due sixty days after the last date for the payment of real
property taxes with no penalty or interest for lateness, and the balance
thereof, if any, may be offset against the monthly rental payments for
succeeding months, until exhausted; or
(c) at the election of the manufactured home park owner, operator, or
agent of such owner or operator, the total amount of such reduction in
rent may be paid to the tenant no later than sixty days after the last
date for the payment of real property taxes with no penalty or interest
for lateness.
4. The failure of a manufactured home park owner or operator to comply
with the provisions of this subdivision shall be a violation punishable
by a fine not to exceed five hundred dollars for each violation.

S 234. Tenants` right to recover attorneys` fees in actions or summary
proceedings arising out of leases of residential property. Whenever a
lease of residential property shall provide that in any action or
summary proceeding the landlord may recover attorneys` fees and/or
expenses incurred as the result of the failure of the tenant to perform
any covenant or agreement contained in such lease, or that amounts paid
by the landlord therefor shall be paid by the tenant as additional rent,
there shall be implied in such lease a covenant by the landlord to pay
to the tenant the reasonable attorneys` fees and/or expenses incurred by
the tenant as the result of the failure of the landlord to perform any
covenant or agreement on its part to be performed under the lease or in
the successful defense of any action or summary proceeding commenced by
the landlord against the tenant arising out of the lease, and an
agreement that such fees and expenses may be recovered as provided by
law in an action commenced against the landlord or by way of
counterclaim in any action or summary proceeding commenced by the
landlord against the tenant. Any waiver of this section shall be void as
against public policy.

S 235. Wilful violations. 1. Any lessor, agent, manager,
superintendent or janitor of any building, or part thereof, the lease or
rental agreement whereof by its terms, expressed or implied, requires
the furnishing of hot or cold water, heat, light, power, elevator
service, telephone service or any other service or facility to any
occupant of said building, who wilfully or intentionally fails to
furnish such water, heat, light, power, elevator service, telephone
service or other service or facility at any time when the same are
necessary to the proper or customary use of such building, or part
thereof, or any lessor, agent, manager, superintendent or janitor who
wilfully and intentionally interferes with the quiet enjoyment of the
leased premises by such occupant, is guilty of a violation.
2. Any lessor, agent, manager, superintendent or janitor of any
building, or part therof, who wilfully or intentionally acts to prevent
or obstruct the delivery of fuel oil ordered in compliance with either
section three hundred two-c of the multiple dwelling law or section
three hunded five-c of the multiple residence law or the refiring of an
oil burner after such a delivery shall be guilty of a violation.

S 235-a. Tenant right to offset payments and entitlement to damages in
certain cases. 1. In any case in which a tenant shall lawfully make a
payment to a utility company pursuant to the provisions of sections
thirty-three, thirty-four and one hundred sixteen of the public service
law, such payment shall be deductible from any future payment of rent.
2. Any owner (as defined in the multiple dwelling law or multiple
residence law) of a multiple dwelling responsible for the payment of
charges for gas, electric, steam or water service who causes the
discontinuance of that service by failure or refusal to pay the charges
for past service shall be liable for compensatory and punitive damages
to any tenant whose utility service is so discontinued.
* 3. Nothing contained in this section and no payment made pursuant to
this section shall be deemed to discharge the liability of a renter with
an interest in real property pursuant to subdivision two of section
three hundred four of the real property tax law from taxes levied on
such interest.
* NB (Effective pending ruling by Commissioner of Internal Revenue)

S 235-b. Warranty of habitability. 1. In every written or oral lease
or rental agreement for residential premises the landlord or lessor
shall be deemed to covenant and warrant that the premises so leased or
rented and all areas used in connection therewith in common with other
tenants or residents are fit for human habitation and for the uses
reasonably intended by the parties and that the occupants of such
premises shall not be subjected to any conditions which would be
dangerous, hazardous or detrimental to their life, health or safety.
When any such condition has been caused by the misconduct of the tenant
or lessee or persons under his direction or control, it shall not
constitute a breach of such covenants and warranties.
2. Any agreement by a lessee or tenant of a dwelling waiving or
modifying his rights as set forth in this section shall be void as
contrary to public policy.
3. In determining the amount of damages sustained by a tenant as a
result of a breach of the warranty set forth in the section, the court;
(a) need not require any expert testimony; and
(b) shall, to the extent the warranty is breached or cannot be cured
by reason of a strike or other labor dispute which is not caused
primarily by the individual landlord or lessor and such damages are
attributable to such strike, exclude recovery to such extent, except to
the extent of the net savings, if any, to the landlord or lessor by
reason of such strike or labor dispute allocable to the tenant`s
premises, provided, however, that the landlord or lesser has made a good
faith attempt, where practicable, to cure the breach.
(c) where the premises is subject to regulation pursuant to the local
emergency housing rent control law, the emergency tenant protection act
of nineteen seventy-four, the rent stabilization law of nineteen hundred
sixty-nine or the city rent and rehabilitation law, reduce the amount
awarded hereunder by the total amount of any rent reduction ordered by
the state division of housing and community renewal pursuant to such
laws or act, awarded to the tenant, from the effective date of such rent
reduction order, that relates to one or more matters for which relief is
awarded hereunder.

S 235-c. Unconscionable lease or clause. 1. If the court as a matter
of law finds a lease or any clause of the lease to have been
unconscionable at the time it was made the court may refuse to enforce
the lease, or it may enforce the remainder of the lease without the
unconscionable clause, or it may so limit the application of any
unconscionable clause as to avoid any unconscionable result.
2. When it is claimed or appears to the court that a lease or any
clause thereof may be unconscionable the parties shall be afforded a
reasonable opportunity to present evidence as to its setting, purpose
and effect to aid the court in making the determination.

S 235-d. Harassment. 1. Notwithstanding any other provision of law,
within a city having a population of one million or more, it shall be
unlawful and shall constitute harassment for any landlord of a building
which at any time was occupied for manufacturing or warehouse purposes,
or other person acting on his behalf, to engage in any course of
conduct, including, but not limited to intentional interruption or
discontinuance or willful failure to restore services customarily
provided or required by written lease or other rental agreement, which
interferes with or disturbs the comfort, repose, peace or quiet of a
tenant in the tenant`s use or occupancy of rental space if such conduct
is intended to cause the tenant (i) to vacate a building or part
thereof; or (ii) to surrender or waive any rights of such tenant under
the tenant`s written lease or other rental agreement.
2. The lawful termination of a tenancy or lawful refusal to renew or
extend a written lease or other rental agreement shall not constitute
harassment for purposes of this section.
3. As used in this section the term "tenant" means only a person or
business occupying or residing at the premises pursuant to a written
lease or other rental agreement, if such premises are located in a
building which at any time was occupied for manufacturing or warehouse
purposes and a certificate of occupancy for residential use of such
building is not in effect at the time of the last alleged acts or
incidents upon which the harassment claim is based.
4. A tenant may apply to the supreme court for an order enjoining acts
or practices which constitute harassment under subdivision one of this
section; and upon sufficient showing, the supreme court may issue a
temporary or permanent injunction, restraining order or other order, all
of which may, as the court determines in the exercise of its sound
discretion, be granted without bond. In the event the court issues a
preliminary injunction it shall make provision for an expeditious trial
of the underlying action.
5. The powers and remedies set forth in this section shall be in
addition to all other powers and remedies in relation to harassment
including the award of damages. Nothing contained herein shall be
construed to amend, repeal, modify or affect any existing local law or
ordinance, or provision of the charter or administrative code of the
city of New York, or to limit or restrict the power of the city to amend
or modify any existing local law, ordinance or provision of the charter
or administrative code, or to restrict or limit any power otherwise
conferred by law with respect to harassment.
6. Any agreement by a tenant in a written lease or other rental
agreement waiving or modifying his rights as set forth in this section
shall be void as contrary to public policy.

S 235-e. Duty of landlord to provide written receipt. (a) Upon the
receipt of rent for residential premises in the form of cash or any
instrument other than the personal check of the tenant, it shall be the
duty of the landlord to provide the payor with a written receipt
containing the following:
1. The date;
2. The amount;
3. The identity of the premises and period for which paid; and
4. The signature and title of the person receiving the rent.
(b) Where a tenant, in writing, requests that a landlord provide a
receipt for rent paid by personal check, it shall be the duty of the
landlord to provide the payor with the receipt described in subdivision
(a) of this section for each such request made in writing.

S 235-f. Unlawful restrictions on occupancy. 1. As used in this
section, the terms:
(a) "Tenant" means a person occupying or entitled to occupy a
residential rental premises who is either a party to the lease or rental
agreement for such premises or is a statutory tenant pursuant to the
emergency housing rent control law or the city rent and rehabilitation
law or article seven-c of the multiple dwelling law.
(b) "Occupant" means a person, other than a tenant or a member of a
tenant`s immediate family, occupying a premises with the consent of the
tenant or tenants.
2. It shall be unlawful for a landlord to restrict occupancy of
residential premises, by express lease terms or otherwise, to a tenant
or tenants or to such tenants and immediate family. Any such restriction
in a lease or rental agreement entered into or renewed before or after
the effective date of this section shall be unenforceable as against
public policy.
3. Any lease or rental agreement for residential premises entered into
by one tenant shall be construed to permit occupancy by the tenant,
immediate family of the tenant, one additional occupant, and dependent
children of the occupant provided that the tenant or the tenant`s spouse
occupies the premises as his primary residence.
4. Any lease or rental agreement for residential premises entered into
by two or more tenants shall be construed to permit occupancy by
tenants, immediate family of tenants, occupants and dependent children
of occupants; provided that the total number of tenants and occupants,
excluding occupants` dependent children, does not exceed the number of
tenants specified in the current lease or rental agreement, and that at
least one tenant or a tenants` spouse occupies the premises as his
primary residence. 5. The tenant shall inform the landlord of the name
of any occupant within thirty days following the commencement of
occupancy by such person or within thirty days following a request by
the landlord.
6. No occupant nor occupant`s dependent child shall, without express
written permission of the landlord, acquire any right to continued
occupancy in the event that the tenant vacates the premises or acquire
any other rights of tenancy; provided that nothing in this section shall
be construed to reduce or impair any right or remedy otherwise available
to any person residing in any housing accommodation on the effective
date of this section which accrued prior to such date.
7. Any provision of a lease or rental agreement purporting to waive a
provision of this section is null and void.
8. Nothing in this section shall be construed as invalidating or
impairing the operation of, or the right of a landlord to restrict
occupancy in order to comply with federal, state or local laws,
regulations, ordinances or codes.
9. Any person aggrieved by a violation of this section may maintain an
action in any court of competent jurisdiction for:
(a) an injunction to enjoin and restrain such unlawful practice; (b)
actual damages sustained as a result of such unlawful practice; and
(c) court costs.

S 236. Assignment of lease of a deceased tenant. Notwithstanding any
contrary provision contained in any lease hereafter made which affects
premises demised for residential use, or partly for residential and
partly for professional use, the executor, administrator or legal
representative of a deceased tenant under such a lease, may request the
landlord thereunder to consent to the assignment of such a lease, or to
the subletting of the premises demised thereby. Such request shall be
accompanied by the written consent thereto of any co-tenant or guarantor
of such lease and a statement of the name, business and home addresses
of the proposed assignee or sublessee. Within ten days after the mailing
of such request, the landlord may ask the sender thereof for additional
information as will enable the landlord to determine if rejection of
such request shall be unreasonable. Within thirty days after the mailing
of the request for consent, or of the additional information reasonably
asked for by the landlord, whichever is later, the landlord shall send a
notice to the sender thereof of his election to terminate said lease or
to grant or refuse his consent. Landlord`s failure to send such a
notice shall be deemed to be a consent to the proposed assignment or
subletting. If the landlord consents, said lease may be assigned in
accordance with the request provided a written agreement by the assignee
assuming the performance of the tenant`s obligations under the lease is
delivered to the landlord in form reasonably satisfactory to the
landlord, or the premises may be sublet in accordance with the request,
as the case may be, but the estate of the deceased tenant, and any other
tenant thereunder, shall nevertheless remain liable for the performance
of tenant`s obligations under said lease. If the landlord terminates
said lease or unreasonably refuses his consent, said lease shall be
deemed terminated, and the estate of the deceased tenant and any other
tenant thereunder shall be discharged from further liability thereunder
as of the last day of the calendar month during which the landlord was
required hereunder to exercise his option. If the landlord reasonably
refuses his consent, said lease shall continue in full force and effect,
subject to the right to make further requests for consent hereunder. Any
request, notice or communication required or authorized to be given
hereunder shall be sent by registered or certified mail, return receipt
requested. This act shall not apply to a proprietary lease, viz.: a
lease to, or held by, a tenant entitled thereto by reason of ownership
of stock in a corporate owner of premises which operates the same on a
cooperative basis. Any waiver of any part of this section shall be void
as against public policy.

S 236*. Discrimination against children in dwelling houses and
manufactured home parks. a. Any person, firm or corporation owning or
having in charge any apartment house, tenement house or other building
or manufactured home park used for dwelling purposes who shall refuse to
rent any or part of any such building or manufactured home park to any
person or family, or who discriminates in the terms, conditions, or
privileges of any such rental, solely on the ground that such person or
family has or have a child or children shall be guilty of a misdemeanor
and on conviction thereof shall be punished by a fine of not less than
fifty nor more than one hundred dollars for each offense; provided,
however, the prohibition against discrimination against children in
dwelling houses and manufactured home parks contained in this section
shall not apply to:
(1) housing units for senior citizens subsidized, insured, or
guaranteed by the federal government; or
(2) one or two family owner occupied dwelling houses or manufactured
homes; or
(3) manufactured home parks intended and operated for occupancy by
persons fifty-five years of age or older. In determining whether housing
is intended and operated for occupancy by persons fifty-five years of
age or older, Sec. 807(b)(2)(c)(42 U.S.C. 3607(b)(2)(c)) of the federal
Fair Housing Act of 1988, as amended, shall apply.
b. Civil liability:
(1) where discriminatory conduct prohibited by this section has
occurred, an aggrieved individual shall have a cause of action in any
court of appropriate jurisdiction for damages, declaratory and
injunctive relief;
(2) in all actions brought under this section, reasonable attorney`s
fees as determined by the court may be awarded to a prevailing
plaintiff.

S 237. Discrimination in leases with respect to bearing of children.
Any person, firm or corporation owning or having in charge any apartment
house, tenement house or other building or mobile home park used for
dwelling purposes who shall, in any lease of any or part of any such
building or mobile home park, have a clause therein providing that
during the term thereof the tenants shall remain childless or shall not
bear children, shall be guilty of a violation.

S 238. Agreements or contracts for privileges to deal with occupants
of tenements, apartment houses or bungalow colonies. 1. A contract,
agreement or arrangement entered into or executed by and between the
owner or prospective owner of an apartment house, tenement or what is
commonly known as a bungalow colony connected with common or joint means
of ingress and egress, whether such apartment house, tenement or
bungalow colony is in existence or in process of construction or to be
constructed in the future, or any person in possession or claiming
possession of such apartment house, tenement or bungalow colony, or any
part thereof, including the common or joint means of ingress or egress,
or any of the agents, employees or servants of such an owner or
possessors thereof and a dealer in or seller of fuel, ice or food, or
his agents, employees or representatives for the purpose of giving to
such dealer or seller the privilege of selling or delivering fuel, ice
or food, to the persons occupying or to occupy such apartment house,
tenement or bungalow colony, or any part thereof, is against public
policy and void.
2. Any person who shall, directly or indirectly, either as the owner
or prospective owner of such apartment house, tenement or bungalow
colony, or any part thereof, including the common or joint means of
ingress or egress, or as an agent, employee or servant of such an owner,
or any person in possession or claiming possession of such apartment
house, tenement or bungalow colony, or any part thereof, including the
common or joint means of ingress or egress, accept any money, property
or thing of value for permitting or giving to any person, or his agents,
employees or representatives, the privilege of selling or delivering
fuel, ice or food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, and any person
who shall, directly or indirectly, either as a seller of, or dealer in,
fuel, ice or food, as an agent, employee, or representative of such
seller or dealer, pay or give any money, property or thing of value, for
such privilege shall be guilty of a misdemeanor. If a corporation is
convicted of a violation of this section, it shall be punished by a fine
of not less than fifty nor more than one thousand dollars.
3. A person occupying an apartment house, tenement or bungalow colony,
or any part thereof, to whom fuel, ice or food, shall be sold or
delivered by a seller or dealer who has paid or given any money,
property or thing of value for the privilege of selling or delivering
fuel, ice or food, to the persons occupying or to occupy such apartment
house, tenement or bungalow colony, or any part thereof, may recover of
such seller or dealer for his benefit a penalty, in the sum of two
hundred and fifty dollars, in a civil action brought in a court of
competent jurisdiction.