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Re: Illegal Conversion\OccupancyRequirements.

Posted by Anna on March 27, 1999 at 13:08:15:

In Reply to: Re: Illegal Conversion\OccupancyRequirements. posted by Leah on March 25, 1999 at 17:46:12:

Sec. 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

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

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.

Those are the penalties for illegal conversions: sounds to me like it is: no mortgage, no rent, no water, no occupancy allowed for the whole building. But you can get a better idea of how the courts enforce this by going to the TenantNet Housing cases page and searching there for using phrases like "MDL 302", "C of O", etc...
Or call that Queens number on Claire Shulman's page or in one of the responses to an earlier thread concerning illegal conversions...

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