N.Y. Comp. Codes R. & Regs. tit. 9 § 2206.9

Current through Register Vol. 46, No. 43, October 23, 2024

Section 2206.9 - Civil action by tenant for unlawful eviction or for surrender of possession as result of harassment

(a) A tenant or occupant who is unlawfully removed by a landlord from any housing accommodation may, within two years from the date of the 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 subdivision shall be the difference between the rent paid for the housing accommodation from which the 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.

(b) 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 and 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, within one year after determination of such fact by the administrator as provided in section 2206.5(e) of this Part, 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. The damages sustained by the tenant under this subdivision shall be the difference between the rent paid for the housing accommodation from which the tenant was evicted and the rental value of a comparable housing accommodation on the open market. In addition to any other damages, the cost of removal of the tenant's property shall be a lawful measure of damages.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2206.9