Cal. Civ. Code § 352

Recovery of premises

In Force
Verified 9/13/2026 · Next check 9/20/2026
effective 9/22/2014New YorkEviction & Just Cause

Operative Text

Cal. Civ. Code § 352
  § 352. Recovery of premises.  If a multiple dwelling, or any part
thereof, shall be used as a house of prostitution or assignation with
the permission of the lessee or his agent, the lease shall be terminable
at the election of the lessor, and the owner shall be entitled to
recover possession of said premises by summary proceedings.
Source: Legislative text reproduced verbatim
Plain English

Under N.Y. Mult. Dwell. Law § 352, when any portion of a multiple dwelling is used as a house of prostitution or assignation and that use occurs with the permission of the tenant or the tenant's agent, the lease becomes voidable at the landlord's option. Once the landlord elects to terminate, the law authorizes the owner to pursue summary (expedited court) proceedings to regain possession of the premises. This provision applies to multiple dwellings as defined under New York's Multiple Dwelling Law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on September 13, 2026

Plain English — not legal advice.

For Property Managers

N.Y. Mult. Dwell. Law § 352 gives property owners the option—not an automatic obligation—to terminate a lease when a unit or common area in a multiple dwelling is used for prostitution or assignation with the lessee's or the lessee's agent's permission. Operators who elect to act under this provision generally document the basis for termination and initiate summary proceedings in the appropriate court to recover possession. Maintaining records of any notices, communications, or findings that support the election to terminate is consistent with how compliant operators typically proceed under this statute.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

N.Y. Mult. Dwell. Law § 352 conditions the landlord's right to terminate on a finding that the prohibited use occurred with the permission of the lessee or the lessee's agent—meaning permission is a required element, not merely the presence of the activity. Tenants facing a summary proceeding brought under this provision may have the opportunity to contest whether that permission element has been established. Tenant-rights organizations and legal aid services can help individuals understand how this element is evaluated in summary proceedings and what options may be available in a given court process.

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.

Effective Timeline

Current
Sep 22, 2014
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References Out

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Related Rules

§ 127G
Removal from district to superior or housing court; transmittal of rents and removal fees
§ 17
Occupancy constituting tenancy at will; termination
§ 17A
Residential care and services; housing facility providers; eviction; hearing; jurisdiction

Source Information

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