353 - Permission of owner or lessee.

§  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.