Q: Can I use New York Penal Law section 140.15 against some one?
Can it be used against the tenant's agent who is only supposed to help tenant in setting up utilities accounts and pay rent on his behalf or do maintenance things but later to be found that he is living there. Only tenant's name is on the lease. I never sent any email that says "Welcome X" allowing him into my house. In fact, I sent "Welcome 'tenant'" and he thanked it on behalf of tenant. He has no evidence to prove he informed me and moved into house. He is only showing later emails with me, while I thought he was tenant's agent.
A:
Although private citizens can bring suspected criminal acts to the attention of the police, only the government can actually commence a criminal case.
Moreover, Real Property Law 235-f provides as follows:
Any lease or rental agreement for residential premises entered into by one tenant shall be construed to permit occupancy by the tenant, immediate family of the tenant, one additional occupant, and dependent children of the occupant provided that the tenant or the tenant's spouse occupies the premises as his primary residence.
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