S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1847

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2009
                                      ___________

       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Housing

       AN ACT to amend the  real  property  actions  and  proceedings  law,  in
         relation  to  grounds for the removal of a tenant from a dwelling when
         landlord-tenant relationship exists

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision 5 of section 711 of the real property actions
    2  and proceedings law, as added by chapter 312 of the  laws  of  1962,  is
    3  amended to read as follows:
    4    5.  The  premises,  or  any  part  thereof,  are used or occupied as a
    5  bawdy-house, or house or place of assignation for lewd persons,  or  for
    6  purposes of prostitution, ILLEGAL GAMBLING OR ILLEGAL SALE OR POSSESSION
    7  OF  A  CONTROLLED  SUBSTANCE  OR  MARIHUANA, or for any illegal trade or
    8  manufacture, or other illegal business. FOR PURPOSES  OF  THIS  SUBDIVI-
    9  SION,  TWO  OR  MORE  CONVICTIONS OF ANY PERSON OR PERSONS HAD, WITHIN A
   10  PERIOD OF ONE YEAR, FOR ANY OF THE OFFENSES  DESCRIBED  IN  ARTICLE  TWO
   11  HUNDRED  TWENTY  OR  TWO  HUNDRED TWENTY-ONE OF THE PENAL LAW OR SECTION
   12  225.00, 225.05, 225.10, 225.15, 225.20, 225.30, 225.32, 225.35,  225.40,
   13  230.00,  230.05, 230.20, 230.25, 230.30 OR 230.40 OF THE PENAL LAW ARIS-
   14  ING OUT OF CONDUCT ENGAGED IN AT THE SAME REAL PROPERTY CONSISTING OF  A
   15  DWELLING  AS THAT TERM IS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR OF
   16  THE MULTIPLE DWELLING LAW OR WITHIN ONE THOUSAND FEET OF  SUCH  DWELLING
   17  SHALL  BE  PRESUMPTIVE EVIDENCE OF CONDUCT CONSTITUTING USE OF THE PREM-
   18  ISES FOR PURPOSES OF PROSTITUTION, ILLEGAL GAMBLING OR ILLEGAL  SALE  OR
   19  POSSESSION OF A CONTROLLED SUBSTANCE OR MARIHUANA.
   20    S 2.  This act shall take effect immediately.


        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04125-01-9