N.Y. Comp. Codes R. & Regs. tit. 9 § 2106.1

Current through Register Vol. 46, No. 22, May 29, 2024

Section 2106.1 - Criminal penalties and civil actions

(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.)

(e)

(1) Any tenant who has vacated his housing accommodations because the landlord or any person acting on his behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including, but not limited to, interruption or discontinuance of essential services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodations may, within 90 days after vacating, apply to the Administrator for a determination that the housing accommodations were vacated as a result of such conduct, and may, within one year after such determination, institute a civil action against the landlord by reason of such conduct In such action the landlord shall be liable to the tenant for three times the damages sustained on account of such conduct plus reasonable attorney's fees and costs as determined by the court. In addition to any other damages the cost of removal of property shall be a lawful measure of damages (See section 11 subdivision 7 of the Act.)

(2) The State Rent Administrator shall institute a proceeding to determine that housing accommodations were vacated because the landlord or any person acting on his behalf engaged in such course of conduct as is described in the preceding paragraph of this subdivision by forwarding to all parties affected, a notice setting forth the proposed action. A person who has been served with notice in such a proceeding shall have seven days from the date of mailing of the notice in which to answer. Every answer must be verified, and an original and one copy shall be filed with the State Rent Administrator. The State Rent Administrator may thereafter issue an appropriate order determining whether the housing accommodations were vacated as a result of such course of conduct, and whether the housing accommodations are subject to control. A copy of any order issued shall be forwarded to all parties to the proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2106.1

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023