Cal. Civ. Code § 302-A
Unlawful occupation
Operative Text
§ 302-a. Unlawful occupation. 1. If any dwelling or structure be occupied in whole or in part for human habitation in violation of section three hundred two of this article, no rent shall be recovered by the owner of such premises for said period, and no action for possession of said premises for nonpayment of such rent shall be maintained therefor. 2. The department charged with the enforcement of this chapter may cause to be vacated any dwelling or any part thereof which contains a nuisance as defined in section three hundred five of this article, 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. Resid. Law § 302-A, when a dwelling or structure is occupied for human habitation in violation of the conditions set out in Section 302, the owner loses the legal right to collect rent for that period and cannot bring a nonpayment eviction action to recover possession. Separately, the enforcement agency has authority to order a dwelling vacated if it contains a nuisance, is overcrowded beyond permitted limits, or was built, altered, or occupied contrary to law. A vacated dwelling may not be reoccupied until it has been brought into legal compliance.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Mult. Resid. Law § 302-A should be aware that maintaining a dwelling in compliance with Section 302 is a prerequisite to enforcing rent obligations and pursuing nonpayment proceedings. Compliant operators generally ensure that occupancy levels, structural conditions, and any alterations remain within legally permitted parameters before and during any tenancy. When an enforcement agency issues a vacate order under this provision, operators typically address all cited violations and obtain confirmation of compliance before allowing reoccupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Mult. Resid. Law § 302-A provides tenants with a meaningful protection: if a dwelling is occupied in violation of Section 302, the owner's ability to collect rent or maintain a nonpayment eviction action for that period is extinguished by law. Tenants who believe their building has been cited, vacated, or is otherwise out of compliance may raise this provision as a defense in a housing court proceeding. Tenants can also explore filing a complaint with the local housing enforcement agency or reaching out to a tenant-rights organization to better understand how this provision may apply to their circumstances.
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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