N.Y. Real Property Actions & Proceedings Law § 768: Unlawful eviction

§ 768. Unlawful eviction. 1. (a) It shall be unlawful for any person

to evict or attempt to evict an occupant of a dwelling unit who has

lawfully occupied the dwelling unit for thirty consecutive days or

longer or who has entered into a lease with respect to such dwelling

except to the extent permitted by law pursuant to a warrant of eviction

or other order of a court of competent jurisdiction or a governmental

vacate order by:

(i) using or threatening the use of force to induce the occupant to

vacate the dwelling unit; or

(ii) engaging in a course of conduct which interferes with or is

intended to interfere with or disturb the comfort, repose, peace or

quiet of such occupant in the use or occupancy of the dwelling unit, to

induce the occupant to vacate the dwelling unit including, but not

limited to, the interruption or discontinuance of essential services; or

(iii) engaging or threatening to engage in any other conduct which

prevents or is intended to prevent such occupant from the lawful

occupancy of such dwelling unit or to induce the occupant to vacate the

dwelling unit including, but not limited to, removing the occupant's

possessions from the dwelling unit, removing the door at the entrance to

the dwelling unit; removing, plugging or otherwise rendering the lock on

such entrance door inoperable, or changing the lock on such entrance

door without supplying the occupant with a key.

(b) It shall be unlawful for an owner of a dwelling unit to fail to

take all reasonable and necessary action to restore to occupancy an

occupant of a dwelling unit who either vacates, has been removed from or

is otherwise prevented from occupying a dwelling unit as the result of

any of the acts or omissions prescribed in paragraph (a) of this

subdivision and to provide to such occupant a dwelling unit within such

dwelling suitable for occupancy, after being requested to do so by such

occupant or the representative of such occupant, if such owner either

committed such unlawful acts or omissions or knew or had reason to know

of such unlawful acts or omissions, or if such acts or omissions

occurred within seven days prior to such request.

2. Criminal and civil penalties. (a) Any person who intentionally

violates or assists in the violation of any of the provisions of this

section shall be guilty of a class A misdemeanor. Each such violation

shall be a separate and distinct offense.

(b) Such person shall also be subject to a civil penalty of not less

than one thousand nor more than ten thousand dollars for each violation.

Each such violation shall be a separate and distinct offense. In the

case of a failure to take all reasonable and necessary action to restore

an occupant pursuant to paragraph (b) of subdivision one of this

section, such person shall be subject to an additional civil penalty of

not more than one hundred dollars per day from the date on which

restoration to occupancy is requested until the date on which

restoration occurs, provided, however, that such period shall not exceed

six months.