Cal. Civ. Code § 302
Unlawful occupation
Operative Text
§ 302. Unlawful occupation. 1. a. If any dwelling or structure be occupied in whole or in part for human habitation in violation of section three hundred one, during such unlawful occupation any bond or note secured by a mortgage upon said dwelling or structure, or the lot upon which it stands, may be declared due at the option of the mortgagee. b. No rent shall be recovered by the owner of such premises for said period, and no action or special proceeding shall be maintained therefor, or for possession of said premises for nonpayment of such rent. c. During such period the department in charge of water supply shall not permit water to be furnished in any such dwelling or structure and said premises shall be deemed unfit for human habitation, and the department of health or the department charged with the enforcement of this chapter shall cause them to be vacated. 2. The department may cause to be vacated any dwelling or any part thereof which contains a nuisance as defined in section three hundred nine, or is occupied by more families or persons than permitted in this chapter, or is erected, altered or occupied contrary to law. Any such dwelling shall not again be occupied until it or its occupancy, as the case may be, has been made to conform to law.
Under N.Y. Mult. Dwell. Law § 302, when a dwelling is occupied for human habitation in violation of the preceding section's requirements, a range of serious legal consequences attach automatically. The owner loses the right to collect or sue for rent during the period of unlawful occupation, and cannot bring a nonpayment eviction proceeding. Additionally, water service may be cut off, the premises are deemed unfit for human habitation, and government authorities are empowered to order the building vacated until it is brought into legal compliance.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 302 should understand that a building found to be unlawfully occupied triggers an automatic suspension of rent-collection rights for the duration of the violation — meaning rent cannot be recovered and nonpayment proceedings cannot be maintained during that period. Compliant operators generally ensure that any dwelling is fully authorized for occupancy under § 301 before tenants move in, and they promptly remediate any conditions that could cause a dwelling to be deemed unlawful. Operators also typically monitor for nuisance conditions or overcrowancy situations that could prompt the relevant city or state department to order a vacate under § 302(2).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under N.Y. Mult. Dwell. Law § 302, tenants living in a dwelling that is unlawfully occupied may have a defense against rent-collection actions or nonpayment eviction proceedings brought by the owner for the period of the violation. Tenants who believe their building is being occupied in violation of applicable law can report conditions to the local housing or health department, which has authority under § 302 to order the premises vacated and to suspend water service. Tenant-rights organizations and legal aid offices can help residents understand how this provision may apply to their circumstances and what complaint or defense options generally exist.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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