Cal. Civ. Code § 354
Rules of evidence
Operative Text
§ 354. Rules of evidence. In any action to establish a lien or in any action or proceeding for a fine, penalty or other punishment for a violation of any of the provisions of this, article, proof of the ill-repute or the ill-fame of the premises which are the subject-matter of the action or proceeding or of the inmates thereof, or of those resorting thereto, shall constitute presumptive evidence that such use was with the permission of the owner, agent or lessee. The certificate of the department that the building was intended, arranged or designed to be occupied as a dwelling shall be presumptive evidence of the fact that it is so occupied.
Under N.Y. Mult. Dwell. Law § 354, two specific evidentiary presumptions apply in legal actions involving multiple dwelling violations or lien proceedings. First, if a property or its occupants have a reputation for disreputable activity, that reputation can be treated as presumptive evidence that the owner, agent, or lessee permitted such use. Second, an official departmental certificate indicating that a building was intended, arranged, or designed as a dwelling serves as presumptive evidence that the building is actually being used as one. These are rebuttable presumptions, meaning they shift the burden of proof but do not conclusively establish the underlying facts.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Dwell. Law § 354 should be aware that evidence of a building's ill-repute—or the reputation of those living in or frequenting it—can be used in enforcement proceedings as presumptive evidence of the owner's or agent's permission for such activity. Compliant operators generally maintain documented oversight of their properties, respond promptly to known conditions, and keep records that demonstrate active management rather than passive tolerance of problematic uses. Additionally, a departmental certificate designating a building as a dwelling carries evidentiary weight, so operators typically ensure their records accurately reflect the building's intended and actual use.
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 § 354, tenants should understand that this provision primarily governs how certain facts are proven in enforcement actions and lien proceedings—it establishes presumptions that courts and agencies may rely on when evaluating a property's use and an owner's responsibility. If a tenant believes that enforcement action is being improperly directed at them, or that the evidentiary standards under this section are relevant to their situation, they may consider raising the issue in any applicable proceeding or consulting a tenant-rights organization familiar with New York multiple dwelling law. Tenants can also contact the relevant local housing or building department to understand how departmental certificates and reputational evidence may factor into proceedings 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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