Roxborough Apartments Corp. v. Becker

I would affirm the order of dismissal because tenant’s alleged violation of the lease provision at issue does not provide any basis for a possessory proceeding. *606Section 235-f of the Real Property Law does not create “an affirmative right of action for landlords to enforce occupancy limitations” (Capital Holding Co. v Stavrolakes, 242 AD2d 240, 243, affd 92 NY2d 1009). Therefore, merely stating in the lease that the premises may be occupied “only in accordance with Real Property Law §235-f’ adds nothing since the statute is permissive, not restrictive, and is targeted against landlords who…