N.Y. Emergency Housing Rent Control Law 274/46 337/61 § 11: Enforcement

§ 11. Enforcement. 1. Whenever in the judgment of the commission any

person has engaged or is about to engage in any acts or practices which

constitute or will constitute a violation of any provision of section

ten of this act, the commission may make application to the supreme

court for an order enjoining such acts or practices, or for an order

enforcing compliance with such provision, or for an order directing the

landlord to correct the violation, and upon a showing by the commission

that such person has engaged or is about to engage in any such acts or

practices a permanent or temporary injunction, restraining order, or

other order shall be granted without bond. Jurisdiction shall not be

deemed lacking in the supreme court because the defense is based upon an

order of an inferior court.

2. Any person who wilfully violates any provision of section ten of

this 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 this 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 five thousand

dollars, or to imprisonment for not more than two years in the case of a

violation of subdivision three of section ten and for not more than one

year in all other cases, or to both such fine and imprisonment. Whenever

the commission has reason to believe that any person is liable to

punishment under this subdivision, the commission may certify the facts

to the district attorney of any county having jurisdiction of the

alleged violation, who shall cause appropriate proceedings to be

brought.

3. Any court shall advance on the docket and expedite the disposition

of any criminal or other proceedings brought before it under this

section.

4. No person 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 this act 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modified, rescinded, or determined to be invalid.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

this act 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 commission. The commission may intervene in any

such action or proceeding.

5. If any landlord who receives rent from a tenant violates a

regulation or order prescribing the 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, except as hereinafter provided, bring an

action against the landlord on account of the overcharge as hereinafter

defined. In such action, 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: (a) 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 (b) an

amount not less than twenty-five dollars nor more than fifty dollars, as

the court in its discretion may determine; 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 willful

nor the result of failure to take practicable precautions against the

occurrence of the violation. As used in this section, the word

"overcharge" shall mean the amount by which the consideration paid by a

tenant to a landlord exceeds the applicable maximum rent. If any

landlord who receives rent from a tenant violates a regulation or order

prescribing maximum rent with respect to the housing accommodations for

which such rent is received from such tenant, and such tenant either

fails to institute an action under this subdivision within thirty days

from the date of the occurrence of the violation or is not entitled for

any reason to bring the action, the commission may institute an action

on behalf of the state within such two-year period. If such action is

instituted by the commission, the tenant affected shall thereafter be

barred from bringing an action for the same violation or violations. Any

action under this subdivision by either the tenant or the commission, as

the case may be, may be brought in any court of competent jurisdiction.

Recovery, by judgment or otherwise, in an action for damages under this

subdivision shall be a bar to the recovery under this subdivision of any

recovery, by judgment or otherwise, in any other action against the same

landlord on account of the same overcharge or overcharges prior to the

institution of the action in which such recovery of damages was

obtained. Where recovery by judgment or otherwise is obtained in an

action instituted by the commission under this subdivision, there shall

be paid over to the tenant from the moneys recovered, one-third of such

recovery, exclusive of costs and disbursement or the amount of the

overcharge or overcharges, whichever is the greater.

6. 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 thirty days, the

commission may, within one year after the expiration of such thirty day

period or after such order shall become final by regulation of the

commission, bring an action against the landlord on account of the

failure of the landlord to make the prescribed refund. In such action,

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: (a) Such amount not more than three times the amount directed

to be refunded, or the amount directed to be refunded, upon which the

action is based as the court in its discretion may determine, or (b) an

amount not less than twenty-five dollars nor more than fifty dollars, as

the court in its discretion may determine; provided, however, that such

amount shall be the amount directed to be refunded or twenty-five

dollars, whichever is greater, if the defendant proves that the

violation of the order in question was neither willful nor the result of

failure to take practical precautions against the occurrence of the

violation. If the commission fails to institute such action within

thirty days from the date of the occurrence of the violation, the tenant

paying such rent may thereafter institute an action for the same

violation within such one year period, and the liability of the landlord

in such action by the tenant shall be the same as if such action were

brought by the commission. If such action is instituted by the

commission, the tenant affected shall thereafter be barred from bringing

an action for the same violation. Any action under this subdivision by

either the commission or the tenant, as the case may be, may be brought

in any court of competent jurisdiction. Recovery by judgment or

otherwise in an action under this subdivision based on the failure of

the landlord to make the prescribed refund, shall be a bar to recovery

under this subdivision of any recovery, by judgment or otherwise, from

the same landlord in any other action instituted on account of the same

violation, prior to the institution of the action in which such recovery

is obtained. Where recovery by judgment or otherwise, is obtained in an

action instituted by the commission under this subdivision, there shall

be paid over to the tenant from the moneys recovered one-third of such

recovery, exclusive of costs and disbursements, or the amount of the

prescribed refund, whichever is greater.

7. 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 ninety days after

vacating, apply to the commission 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.