§ 26-413. Enforcement and penalties.
a. Any person who wilfully violates any provision of section 26-
412 of this chapter shall be guilty of and punishable for a
crime as specified in subdivision ten of section one of the
state enabling act, namely such persons shall be subject to
a fine of not more than five thousand dollars, or to
imprisonment for not more than two years in the case of a
violation of subdivision c of section 26-412 of this chapter
and for not more than one year in all other cases, or to
both such fine and Imprisonment. The city rent agency may
certify such facts, which in its opinion constitute such
violation, to the district attorney having jurisdiction
thereof.
b. (1) The city rent agency may, whenever in its judgment
any person has engaged in or is about to engage in acts
or practices which constitute a violation of any
provision of section 26-412 of this chapter, apply to
the supreme court for an order (a) enjoining such acts
or practices, (b) enforcing compliance with such
provision of said section or with an order issued by
the city rent agency, or (c) directing the landlord to
correct such violation of such provision; and upon
sufficient showing, the supreme court may issue a
temporary or permanent injunction, restraining order or
other order, all of which shall be granted without
bond. Jurisdiction shall not be deemed lacking in the
supreme court because a defense is based upon an order
of an inferior court.
(2) The city rent agency may, whenever in its judgment any
person has engaged in acts or practices which
constitute a violation of any provision of section
26412 of this chapter:
(a) Impose by administrative order after hearing, a
civil penalty for any violation of said section
and bring an action to recover same in any court
of competent jurisdiction. Such penalty in the
case of a violation of subdivision d of such
section shall be in the amount of five hundred
dollars for a first such offense and one thousand
dollars for each subsequent offense or for a
violation consisting of conduct directed at the
tenants of more than one housing accommodation;
and in the case of any other violation of such
section in the amount of one hundred dollars for
the first such offense and five hundred dollars
for each subsequent offense. Such order by the
city rent agency shall be deemed a final
determination for the purposes of judicial review
as provided in section 26-411 of this chapter.
Such action shall be brought on behalf of the city
and any amount recovered shall be paid into the
city treasury. Such right of action may be
released, compromised or adjusted by the city rent
agency at any item subsequent to the issuance of
such administrative order.
(b) Commence an action to recover damages, as provided
for in paragraph two of subdivision d of this
section in the event that (i) the tenant has not
previously commenced such an action as therein
provided and (ii) more than six months have
elapsed since the occurrence of the violation or
issuance of the order. An action instituted by the
city rent agency shall constitute a bar to an
action by the person aggrieved. The city rent
agency shall pay over one-half of the sum
recovered in such action to the person aggrieved
and one-half to the city treasury, exclusive of
costs and disbursements.
(3) (a) Subject to the provisions of subparagraph (b)
of this paragraph, make a finding of harassment
whenever it determines the existence of a
violation of subdivision d of section 26-412 of
this chapter in which event the city rent agency
may (i) dismiss any pending application for a
certificate of eviction and grant any subsequent
application for such certificate only upon such
terms and conditions as it deems necessary to
prevent the circumvention or evasion of provisions
of this chapter; (ii) determine that such housing
accommodations or any replacement or subdivision
thereof (whether or not by demolition, alteration
or substantial rehabilitation) shall constitute
housing accommodations subject to control under
the provisions of this chapter, notwithstanding
any definition of that term to the contrary; and
(iii) to refuse to credit any adjustments
increasing rent mandated by section 26-405 of this
chapter and dismiss any applications for an
adjustment pursuant to said section for such time
and under such terms and conditions as the city
rent agency deems necessary to prevent
circumvention or evasion of the provisions of this
chapter.
(b) No proceeding to determine whether housing
accommodations have become vacant as a result of
harassment may be commenced later than thirty days
after the entire structure shall have been
vacated, unless the landlord failed to certify his
or her intent to alter or demolish the premises as
provided by subdivision c of section 26-408 of
this chapter. No proceeding shall be maintained
for acts performed in good faith and in a
reasonable manner for the purposes of operating,
maintaining or repairing any building or part
thereof. A finding of harassment shall be attached
to and noted upon the registration of the housing
accommodations affected by such findings, and a
copy thereof shall be filed and docketed in the
manner of a notice of mechanic's lien affecting
the property. The provisions of this paragraph
shall bind all persons or parties who succeed to
the landlord's interest in said housing
accommodations.
(4) Revoke any order or determination based upon any
statement or entry false in any material respect in any
document or report submitted in any proceeding before
the city rent agency or required to be kept or filed
under this chapter or any requirements thereunder.
c. (1) Any court shall advance on the docket or otherwise
expedite the disposition of any action or proceeding
brought before it pursuant to the provisions of
subdivision b of this section.
(2) The provisions of subdivision b of this section are
cumulative. The enforcement of one provision thereof
shall not constitute a bar to the enforcement by
action, proceeding or by making a finding or
determination pursuant to other provisions of said
subdivision.
(3) The city rent agency may direct that a refund payment
to the tenant for rent collected in violation of
subdivision a of section 26-412 include interest from
the date of each excessive payment of rent. Where the
city rent agency has revoked an order or determination
premised on a false statement or entry it may withhold
issuance of an order granting increase in maximum rent
for such housing accommodations until the landlord has
complied with the refund directive, if any, provided
for in such order of revocation.
d. (1) Where after the city rent agency has granted a
certificate of eviction authorizing the landlord to
pursue his or her remedies pursuant to law to acquire
possession and a tenant voluntarily removes from a
housing accommodation or has been removed therefrom by
action or proceeding to evict from or recover
possession of a housing accommodation upon the ground
that the landlord seeks in good faith to recover
possession of such accommodation:
(a) For his or her immediate and personal use, or for
the immediate and personal use by a member or
members of his or her immediate family, and such
landlord or members of his or her immediate family
shall fail to occupy such accommodation within
thirty days after the tenant vacates; or
(b) For the immediate purpose of withdrawing such
housing accommodation from the rental market, and
such landlord shall lease or sell the housing
accommodation or the space previously occupied
thereby, or permit use thereof in a manner other
than contemplated in such eviction certificate
within a period of one year after such removal of
the tenant; or
(c) For the immediate purpose of altering or
remodeling such housing accommodation, and the
landlord (who required possession for the purpose
of effecting such alteration or remodeling) shall
fail to start the work of alteration or remodeling
of such housing accommodation within ninety days
after the removal of the last tenant whose removal
is necessary to enable the landlord to effect such
alteration or remodeling of such accommodation, or
if after having commenced such work shall fail or
neglect to prosecute the work with reasonable
diligence; or
(d) For the immediate purpose of demolishing such
housing accommodations and constructing a new
building in accordance with approved plans, or
reasonable amendment thereof, and the landlord has
failed to complete the demolition within six
months after the removal of the last tenant or,
having demolished the premises, has failed or
neglected to proceed with the new construction
within ninety days after the completion of such
demolition, or having commenced such construction
work, has failed or neglected to prosecute such
work with reasonable diligence; or
(e) For some purpose other than those specified above
for which the removal of the tenant was sought and
the landlord has failed to use the vacated
premises for such purposes; such landlord shall,
unless for good cause shown be liable to the
tenant for three times the damages sustained on
account of such removal plus reasonable attorney's
fees and costs as determined by the court provided
that the tenant commences such action within three
years from the expiration of the applicable time
period as set forth in this subdivision. The
damages sustained by the tenant under this
subdivision shall be the difference between the
rent paid for the housing accommodation from which
such tenant was evicted, and the rental value of a
comparable housing accommodation on the open
market. In addition to any other damage, the cost
of removal of the tenant's property shall be a
lawful measure of damages. The remedy herein
provided shall be in addition to those provided
for in subdivisions a and b of this section. Such
acts and omissions on the part of a landlord after
issuance of a certificate of eviction are hereby
declared to be consistent with the purposes for
which such certificate of eviction was issued.
(2) A tenant may bring an action against his or her
landlord in any court of competent jurisdiction for a
violation of subdivision a of section 26-412 of this
chapter within: (a) two years from the date of
occurrence of an overcharge, defined to mean the amount
by which the consideration paid by a tenant to a
landlord exceeds the applicable maximum rent, or (b)
within one year after the landlord fails to pay a
refund as ordered by the city rent agency, such time to
be calculated from thirty-three days after the date of
the issuance of the order or when the order becomes
final, whichever is later, or (c) in the case of an act
proscribed by subdivision e of section 26-412 of this
chapter, within two years after knowledge of such
statement or omission and consequent violation has been
made known to the city agency. The landlord shall be
liable for reasonable attorney's fees and costs as
determined by the court, plus whichever of the
following sums is the greater: (i) such amount not more
than three times the amount of the overcharge, or the
overcharges, upon which the action is based as the
court in its discretion may determine or (ii) an amount
not less than twenty-five dollars, provided, however,
that such amount shall be the amount of the overcharge
or overcharges or twenty-five dollars, whichever is
greater, if the defendant proves that the violation of
the regulation or order in question was neither wilful
nor the result of failure to take practicable
precautions against the occurrence of the violation.
(3) A tenant or occupant who is unlawfully removed by a
landlord from any housing accommodation may, within two
years from the date of occurrence bring a civil action
against the landlord by reason of such unlawful
removal. In such action, the landlord shall be liable
to the tenant for three times the damages sustained on
account of such removal plus reasonable attorney's fees
and costs as determined by the court. The damages
sustained by the tenant under this paragraph shall be
the difference between the rent paid for the housing
accommodation from which such tenant was evicted and
the rental value of a comparable housing accommodation
on the open market. In addition to any other damage the
cost of removal of the tenant's property shall be a
lawful measure of damage.
e. No person (including, but not limited to any officer or
employee of the city rent agency) shall be held liable for
damages or penalties in any court, on any grounds for or in
respect of anything done or omitted to be done in good faith
pursuant to any provision of the state rent act or of this
chapter, or any regulation, order, or requirement
thereunder, notwithstanding that subsequently such
provision, regulation, order or requirement may be modified,
rescinded, or determined to be invalid. In any action or
proceeding wherein a party relies for ground of relief or
defense or raises issue or brings into question the
construction or validity of any provision of this chapter or
any regulation, order, or requirement thereunder, the court
having jurisdiction of such action or proceeding may at any
stage certify such fact to the city rent agency. The city
rent agency may intervene in any such action or proceeding.
Added by Laws 1985, Ch. 907, § 1, eff. Sept. 1, 1986.