if by such agreement the servant was to be permitted to occupy such premises for a period beyond the term of employment such removal shall not be had under this subdivision unless such period so permitted for occupancy has expired or the relation of master and servant or employer and employee was lawfully terminated before the expiration of such term of employment; but nothing in this subdivision shall be construed as preventing the removal of such occupant in any other lawful manner.

1-a. A public emergency existing, no proceeding as prescribed in subdivision one of this section shall be maintainable to recover the possession of real property in a city of a population of one million or more or in a city in a county adjoining such a city, occupied for dwelling purposes, except a proceeding to recover such possession upon the ground that the person is holding over and is objectionable, in which case the landlord shall establish to the satisfaction of the court, that the person holding over is objectionable; or a proceeding where the owner of record of the building, being a natural person, seeks in good faith to recover possession of the same or a room or rooms therein for the immediate and personal occupancy by himself and his family as a dwelling; or a proceeding where the petitioner shows to the satisfaction of the court that he desires in good faith to recover premises for the purpose of demolishing the same with the intention of constructing a new building, plans for which new building shall have been duly filed and approved by the proper authority; or a proceeding to recover premises constituting a part of a building and land which has been in good faith sold to a corporation formed under a co-operative ownership plan whereof the entire stock shall be held by the stockholders in proportion to the number of rooms occupied or to be occupied by them in such building and all apartments or flats therein have been leased to stockholders of such corporation for their own personal, exclusive and permanent occupancy to begin immediately upon the termination of any tenancy of the apartments or flats leased by them existing on the date when this subdivision takes effect.

In a pending proceeding for the recovery of real property in such a city on the ground that the occupant holds over after the expiration of his term, a warrant shall not be issued unless the petitioner establishes to the satisfaction of the court that the proceeding is one mentioned in the exceptions enumerated in this subdivision.

This subdivision shall not apply to a new building in course of construction on September twenty-seventh, nineteen hundred and twenty, or commenced thereafter and be in effect only until the first day of November, nineteen hundred and twenty-two.

2. Where he holds over, without the like permission, after a default in the payment of rent, pursuant to the agreement under which the demised premises are held, and a demand of the rent has been made, or at least three day's notice in writing requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served in behalf of the person entitled to the rent upon the person owing it as prescribed in this article for the service of a precept;

2-a.10 No proceeding as prescribed in subdivision two of this section shall be maintainable to recover the possession of real property in a city of the first class or in a city in a county adjoining a city of the first class, occupied for dwelling purposes, unless the petitioner alleges in the petition and proves that the rent of the premises described in the petition is no greater than the amount for which the tenant was liable for the month preceding the default for which the proceeding is brought. Nothing in this subdivision shall preclude the tenant from interposing any defense that he might otherwise have. The tenant may interpose the defense that the rent mentioned in the petition is unjust and unreasonable and that the agreement under which the same is sought to be recovered is oppressive. All the provisions of chapter one hundred and thirty-six of the laws of nineteen hundred

10 This subdivision as here printed is in accordance with the amendment effected by Chapter 371 of the Laws of 1921.

and twenty, as amended 11 shall apply to a proceeding brought under this subdivision and other provisions of statute governing summary proceedings to recover the possession of real property. This subdivision shall not apply to a room or rooms in a hotel containing one hundred and twenty-five rooms or more, or a lodging house, or rooming house, occupied under a hiring of a week or less. This subdivision as amended shall not apply to a new building in course of construction on September twenty-seventh, nineteen hundred and twenty, or commenced thereafter and shall be in effect only until the first day of November, nineteen hundred and twenty-two.

3. Where in any city in this state he holds over and continues in possession of the demised premises, or any portion thereof, after default in the payment, for sixty days after the same shall be payable, of any taxes or assessments levied on such demised premises which he has agreed in writing to pay pursuant to the agreement under which the demised premises are held, and a demand for the payment of such taxes or assessments has been made, or at least three days' notice in writing, requiring in the alternative the payment thereof and of any interest and penalty thereon, or the possession of the premises, has been served in behalf of the landlord upon the lessee, as prescribed in this article for the service of a precept. An acceptance of any rent by the lessor or his legal representatives shall not be construed as a waiver of the agreement of the lessee to pay taxes or assessments so as to preclude the lessor from the benefits of this article;

4. Where he, being in possession under a lease for a term of three years or less, has during the term taken the benefit of an insolvent act or has been adjudicated a bankrupt under a bankrupt law of the United States;

5. Where the demised premises, or any part thereof, are used or occupied as a bawdy-house, or house or place of assignation for lewd persons, or for purposes of prostitution, or for any illegal trade or manufacture, or other illegal business.

11 The amendments are Chapters 944 of the Laws of 1920 and 434 of the Laws of 1921, printed in Appendix B, at pages 304 and 308.

6. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement, if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satisfaction of the court that the tenant is objectionable.

§ 1411.12 Additional cases in which tenants and others may be removed. In either of the following cases a person who holds over and continues in possession of real property after notice to quit the same has been given, as prescribed in section fourteen hundred and sixteen of this act, and his assigns, tenants or legal representatives may be removed therefrom, as prescribed in this article:

1. Where the property has been sold by virtue of an execution against him or a person under whom he claims and a title under the sale has been perfected;

2. Where the property has been duly sold upon the foreclosure by advertisement of a mortgage executed by him or a person under whom he claims and the title under the foreclosure has been duly perfected;

3. Where he occupies or holds the property under an agreement with the owner to occupy and cultivate it upon shares or for a share of the crops and the time fixed in the agreement for his occupancy has expired;

4. Where he or the person to whom he has succeeded has intruded into or squatted upon any real property without the permission of the person entitled to the possession thereof and the occupancy thus commenced has continued without permission from the latter; or, after a permission given by him has been revoked, and notice of the revocation given to the person or persons to be removed.

§ 1412.13 In case of forcible entry or detainer. An entry shall

12 This section is the same as section 2232 of the Code of Civil Procedure. 13 This section is the same as section 2233 of the Code of Civil Procedure.

not be made into real property, but in a case where entry is given by law; and, in such a case, only in a peaceable manner, not with strong hand, nor with multitude of people. A person who makes a forcible entry forbidden by this section, or who, having peaceably entered upon real property, holds the possession thereof by force, and his assigns, under-tenants, and legal representatives, may be removed therefrom, as prescribed in this article.

§ 1413.14 Application; to whom made. Application for the removal of a person from real property, as prescribed in this article, may be made to a justice of the peace of a town, or if the property is situated in an incorporated village which includes parts of two or more towns, to a justice of the peace of either town who keeps an office in the village. Application also may be made to the county judge or special county judge; or in the county of New York to a judge of the city court of the city of New York; to a justice of the peace of a city; to a judge or justice of any inferior local court of civil jurisdiction in a city; to the recorder of a city; in the city of New York to the municipal court of the municipal court district in which the real property or a portion thereof is situated, or if the justice sitting therein is disqualified, to the municipal court in an adjoining district.

Except as provided in this section such jurisdiction shall only be exercised by a court or officer of the county, town, city or municipal court district in which the real property or a portion thereof is situated.

§ 1414.15 Application; by whom made. The application may be made by:

1. The landlord or lessor of the demised premises;

2. The purchaser upon the execution or foreclosure sale;

3. The person forcibly put out or kept out;

14 This section is the same in substance as section 2234 of the Code of Civil Procedure, although the language is changed.

15 This section is the same as the first portion of section 2235 of the Code of Civil Procedure, slightly changed in form. The balance of that section will be found in section 1415 following.