New York Consolidated Laws

N.Y. Multiple Dwelling Law § 302 (2026)

Unlawful occupation

✓ current as of May 2026

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§ 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.

Notes of Decisions

Cited in 68 cases (13 in the last 5 years), 1973–2025 · leading case: Caldwell v. Am. Package Co., 57 A.D.3d 15 (N.Y. App. Div. 2008).

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Caldwell v. Am. Package Co., 57 A.D.3d 15 (N.Y. App. Div. 2008). · cites it 6× “III Multiple Dwelling Law § 302 prohibits the owner of a multiple dwelling for which there is no valid certificate of occupancy allowing residential use from collecting rent or the value of the use and occupancy of the premises.”

Equities v. Weiss, 149 Misc. 2d 628 (N.Y. App. Term. 1991). · cites it 8× “) Multiple Dwelling Law § 301 mandates a certificate of occupancy for multiple dwellings with the exception, not present here, of compliance with the Loft Law (Multiple Dwelling Law § 283). Multiple Dwelling Law § 302 (1) (b) states the penalty for not having a certificate of…”

99 Com. Street, Inc. v. Llewellyn, 240 A.D.2d 481 (N.Y. App. Div. 1997). · cites it 4× “During the period in which the property owners are seeking to legalize these "illegal conversions of commercial, manufacturing and warehouse space * * * to residential use” (Ancona v Metcalf 120 Misc 2d 51, 56 ), tenants are entitled to a right of continued occupancy of the…”

B.S.L. One Owners Corp. v. Rubenstein, 159 Misc. 2d 903 (N.Y. City Civ. Ct. 1994). · cites it 19× “Respondent argues that since no certificate of occupancy has ever been issued for her apartment, petitioner is in violation of Multiple Dwelling Law § 301 (1) and the summary proceeding herein should be dismissed and petitioner precluded from recovering rents for the period…”

Arnav Indus., Inc. v. Pitari, 82 A.D.3d 557 (N.Y. App. Div. 2011). · cites it 2× “Defendant’s second defense and first counterclaim alleges that plaintiff is barred by Multiple Dwelling Law § 302 from collecting the rent defendant has withheld because the building has no certificate of occupancy and her apartment has no second means of fire egress.”

Sheila Props., Inc. v. A Real Good Plumber, Inc., 59 A.D.3d 424 (N.Y. App. Div. 2009). “An owner of a de facto multiple dwelling who fails to obtain a proper certificate of occupancy or comply with the registration requirements of the Multiple Dwelling Law cannot recover rent or use and occupancy (see Multiple Dwelling Law § 302 [1] [b]; § 325 [2]; Caldwell v…”

In Re Stable Mews Assocs., Inc., 41 B.R. 594 (Bankr. S.D.N.Y. 1984). “These remedies, consistent with those provided by Congress, show that the exact nature of the statutory inconsistency lies in the Code’s enabling a trustee to avoid further obligation rather than totally negate health and safety ordinances of particularly local concerns.”

Smith v. Donovan, 61 A.D.3d 505 (N.Y. App. Div. 2009). “HPD repeatedly states, without citation of any legal authority, that a legal tenancy cannot be created in an illegal multiple dwelling because occupancy of an apartment lacking a valid certificate of occupancy is prohibited (Multiple Dwelling Law § 301), and the landlord cannot…”

Blackgold Realty Corp. v. Milne, 119 A.D.2d 512 (N.Y. App. Div. 1986). “(Multiple Dwelling Law § 285 [1]; compare, Multiple Dwelling Law §§ 302, 325; Administrative Code of City of New York § D26-41.”

Jo-Fra Props., Inc. v. Bobbe, 81 A.D.3d 29 (N.Y. App. Div. 2010). · cites it 2× “In this appeal, plaintiff landlord Jo-Fra Properties challenges the application of the provision of the Multiple Dwelling Law that precludes the owner of a building covered by the Loft Law (Multiple Dwelling Law art 7-C) from collecting rent if it fails to bring the building…”

Hornfeld v. Gaare, 130 A.D.2d 398 (N.Y. App. Div. 1987). “Cannizzaro found after trial that plaintiff had permitted defendant to occupy the basement area for residential purposes, and so dismissed plaintiff’s petition on constraint of the prohibition against a landlord’s recovery of rent for an illegally occupied apartment set forth in…”

Jalinos v. Ramkalup, 255 A.D.2d 293 (N.Y. App. Div. 1998). “An owner of a de facto multiple dwelling who fails to obtain a proper certificate of occupancy or comply with the registration requirements of the Multiple Dwelling Law cannot recover for rent or money for use and occupancy (see, Multiple Dwelling Law § 302 [1] [b]; § 325 [2];…”

Show all 68 citing cases →

— N.Y. Multiple Dwelling Law § 302(1) — 1 case

Grassfield v. JUPT, Inc., 2022 NY Slip Op 05203 (N.Y. App. Div. 2022).

— N.Y. Multiple Dwelling Law § 302(1)(a) — 2 cases

Nelson-Taylor v. Brooks, 2025 NY Slip Op 50314(U) (Civ. Ct. NYC, Queens Cty. 2025).

— N.Y. Multiple Dwelling Law § 302(1)(b) — 4 cases

Matter of GVS Props. LLC v. Vargas, 2019 NY Slip Op 3549 (N.Y. App. Div. 2019).

In re Bridge Assocs. of Soho, Inc., 589 B.R. 512 (Bankr. E.D.N.Y. 2018).

Schmidt v. Am. Package Co., Inc. (E.D.N.Y 2024).

Pei-De Tsai v. JCHHB, Inc., 2024 NY Slip Op 06017 (N.Y. App. Div. 2024).

— N.Y. Multiple Dwelling Law § 302(b) — 1 case

Nazor v. Sydney Sol Grp., Ltd., 2025 NY Slip Op 03295 (N.Y. App. Div. 2025).

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