New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter VII - Emergency Housing Rent Control › Subchapter B - Rent And Eviction Regulations › Part 2106 - Enforcement › Section 2106.1 - Criminal penalties and civil actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who willfully violates any
					 provision of section 10 of the Act, and any person who makes any statement or
					 entry false in any material respect in any document or report required to be
					 kept or filed under the Act or any regulation, order, or requirement
					 thereunder, and any person who wilfully omits or neglects to make any material
					 statement or entry required to be made in any such document or report, shall,
					 upon conviction thereof, be subject to a fine of not more than $5,000, or to
					 imprisonment for not more than two years in the case of a violation of
					 subdivision 3 of section 10 of the Act and for not more than one year in all
					 other cases, or to both such fine and imprisonment. (See Emergency Housing Rent
					 Control Law, § 11, subd. 2.)
(b) If
					 any landlord who receives rent from a tenant violates a regulation or order
					 prescribing a maximum rent with respect to the housing accommodations for which
					 such rent is received from such tenant, the tenant paying such rent may, within
					 two years from the date of the occurrence of the violation, bring an action
					 against the landlord on account of the overcharge pursuant to subdivision 5 of
					 section 11 of the Act. Under circumstances specified in that section of the
					 Act, the Administrator may bring an action against the landlord for such
					 overcharge. Where judgment is rendered in favor of the Administrator in such
					 action, there shall be paid over to the tenant from the moneys recovered one
					 third of such recovery, exclusive of costs and disbursements.
(c) If any landlord who receives rent from a
					 tenant violates any order containing a directive that rent collected by the
					 landlord in excess of the maximum rent be refunded to the tenant within 30
					 days, the Administrator may, within one year after the expiration of such
					 30-day period or after such order shall become final as such term is defined in
					 subdivision (m) of section
					 2100.2, supra, bring an action
					 against the landlord on account of the failure of the landlord to make the
					 prescribed refund pursuant to subdivision 6 of section 11 of the Act. Under
					 circumstances specified in that section of the Act, the tenant may bring an
					 action against the landlord for such failure to refund. Where judgment is
					 rendered in favor of the Administrator in such action, there shall be paid over
					 to the tenant from the moneys recovered one third of such recovery, exclusive
					 of costs and disbursements.
(d)
					 Where after the Administrator has granted a certificate of eviction certifying
					 that the landlord may pursue his remedies pursuant to local 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 accommodations
(1) for his immediate and personal use, or
					 for the immediate and personal use by a member or members of his immediate
					 family, and such landlord or members of his immediate family shall fail to
					 occupy such accommodations within 30 days after the tenant vacates, or such
					 landlord shall lease or rent such space or permit occupancy thereof by a third
					 person within a period of one year after such removal of the tenant,
					 or
(2) for the immediate purpose of
					 withdrawing such housing accommodations 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
(3) for the immediate
					 purpose of altering or remodeling such housing accommodations, and the landlord
					 shall fail to start the work of alteration or remodeling of such housing
					 accommodations within 90 days after such removal on the ground that he required
					 possession of such accommodations for the purpose of altering or remodeling the
					 same, or if after having commenced such work shall fail or neglect to prosecute
					 the work with reasonable diligence, or
(4) for the immediate purpose of demolishing
					 such housing accommodations and constructing a new building or structure for a
					 greater number of housing accommodations 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 90 days after the completion of such demolition
					 or
(5) for some purpose other than
					 those specified above for which the removal of the tenant was sought and the
					 landlord has filed to use the vacated premises for such purpose: the tenant
					 required to surrender a housing accommodation for the reasons set forth in this
					 section shall have a cause of action in any court of competent jurisdiction for
					 damages, declaratory, and injunctive relief against the landlord; 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, however, that paragraph (4)
					 herein shall not apply to any action which does not constitute a violation of
					 any local law providing for penalties upon failure to demolish or comply with
					 State rent control eviction certificates. In addition to any other damage, the
					 cost of removal of property shall be a lawful measure of damage. (See Emergency
					 Housing Rent Control Law, §5, subd.6.)