N.Y. Comp. Codes R. & Regs. tit. 9 § 2506.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 2506.2 - Orders to enforce the act and this Chapter

(a) Upon notice and reasonable opportunity to be heard, the division may issue orders it deems appropriate to enforce the act and this Chapter.

(b) If the division finds that any landlord has knowingly engaged in acts prohibited by the act and regulations or orders issued thereunder, it may assess the landlord and order it to pay each tenant affected by such acts the reasonable costs and attorney fees of the proceeding plus a penalty not in excess of $250 for each such act. If the landlord has not instituted a proceeding pursuant to article 78 of the Civil Practice Law and Rules and has not paid the assessment and penalties upon the expiration of the time to do so, each affected tenant may offset against any rent thereafter due the landlord the unpaid amount not in excess of 20 percent thereof per month.

(c) If a landlord is found by the division:

(1) to have violated an order of the division, the division may impose by administrative order after hearing, civil penalties at minimum in the amount of $1,000 but not to exceed $2,000 for the first such offense and at minimum $2,000 not to exceed $3,000 for each subsequent offense; or

(2) to have harassed a tenant to obtain vacancy of a housing accommodation, the division may impose by administrative order after hearing, a civil penalty at minimum in the amount of $2,000 not to exceed $3,000 for the first such offense and at minimum $10,000 not to exceed $11,000 for each subsequent offense or for a violation consisting of conduct directed at the tenant of more than one housing accommodation.

(d) Any owner who has been found by the DHCR to have refused to comply with an order of the DHCR or to have harassed a tenant shall, in addition to being subject to any other penalties or remedies permitted by law or by this Code, be barred thereafter from applying for or collecting any further rent increase for the affected housing accommodation. The finding by the DHCR that the owner has complied with such order or that the conduct which resulted in the finding of harassment has ceased, shall result in the prospective elimination of the sanctions provided for in this section. Such orders shall be deemed final determinations for the purposes of judicial review pursuant to Part 2510.12 of this Title.

(e) The failure of any owner to pay any fine, penalty or assessment authorized by the ETPA or this Title shall, until such fine, penalty or assessment is paid, bar an owner from applying for or collecting any further rent increases for such housing accommodation. The late payment of any fine, penalty or assessment shall result in the prospective elimination of such sanction. Such penalties may, upon the expiration of the period for seeking review pursuant to article 78 of the Civil Practice Law and Rules, be docketed and enforced in the manner of a judgment of the Supreme Court.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2506.2

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