Cal. Civ. Code § 353
Permission of owner or lessee
Operative Text
§ 353. Permission of owner or lessee. A multiple dwelling shall be deemed to have been used for the purposes specified in the last two sections with the permission of the owner, agent or lessee thereof in the following cases: 1. If summary proceedings for the removal of the tenants of such dwelling or of so much thereof as is unlawfully used, shall not have been commenced within five days after notice of such unlawful use has been served by the department in the manner prescribed by article nine of this chapter for the service of notices and orders; or having been commenced, are not in good faith diligently prosecuted to final determination. 2. If there be two or more convictions in such dwelling within a period of six months, under sections 230.00, 230.25, or 230.40 of the penal law.
New York Multiple Dwelling Law § 353 establishes when a building owner, agent, or lessee is legally presumed to have permitted unlawful uses—specifically those covered in the two preceding sections—to occur on the premises. Permission is presumed if the owner fails to begin eviction proceedings within five days of receiving a departmental notice of unlawful use, or if proceedings are started but not genuinely and diligently pursued to a final outcome. Permission is also presumed automatically when two or more convictions under the specified Penal Law sections related to prostitution occur within the same dwelling within any six-month window.
Plain English — not legal advice.
Under N.Y. Mult. Dwell. Law § 353, compliant building operators generally act promptly upon receiving official notice of unlawful use, initiating summary removal proceedings within the five-day window the statute specifies and pursuing those proceedings in good faith through final determination. Operators also monitor for criminal activity on the premises, since two or more qualifying Penal Law convictions within a six-month period can trigger a presumption of permitted unlawful use regardless of the owner's stated intent. Maintaining thorough records of any notices received, legal filings, and court proceedings is a practice commonly associated with demonstrating that removal efforts were genuine and diligent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Dwell. Law § 353 is relevant to tenants because it defines the conditions under which a landlord is treated as having allowed unlawful activity in a building—a determination that can affect housing conditions, code-enforcement actions, and related proceedings. Tenants who believe their building is subject to unlawful uses covered by this provision may have grounds to raise those conditions in housing court proceedings or to file a complaint with the relevant city or state housing enforcement agency. Tenant-rights organizations and legal aid services can help residents understand how § 353 intersects with any notices, proceedings, or criminal activity affecting their building.
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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