2006 New York Code - Enforcement And Procedures.

 
    * §  26-516  Enforcement  and procedures. a. Subject to the conditions
  and limitations of this subdivision, any owner of housing accommodations
  who, upon complaint of a tenant, or of the state division of housing and
  community renewal, is  found  by  the  state  division  of  housing  and
  community  renewal,  after a reasonable opportunity to be heard, to have
  collected  an  overcharge  above  the  rent  authorized  for  a  housing
  accommodation  subject to this chapter shall be liable to the tenant for
  a penalty equal to three times the amount  of  such  overcharge.  In  no
  event  shall  such  treble  damage  penalty be assessed against an owner
  based solely on said owner's failure to file a timely or proper  initial
  or  annual  rent  registration  statement. If the owner establishes by a
  preponderance of the evidence that the overcharge was not  willful,  the
  state  division  of  housing  and  community renewal shall establish the
  penalty as the amount of the overcharge plus interest. (i) Except as  to
  complaints  filed  pursuant  to clause (ii) of this paragraph, the legal
  regulated rent for purposes of determining an overcharge, shall  be  the
  rent  indicated  in  the  annual registration statement filed four years
  prior to the most recent registration statement, (or, if  more  recently
  filed,  the  initial  registration  statement)  plus  in  each  case any
  subsequent lawful increases and adjustments. Where the  amount  of  rent
  set  forth  in  the  annual rent registration statement filed four years
  prior to the most recent registration statement is not challenged within
  four years  of  its  filing,  neither  such  rent  nor  service  of  any
  registration shall be subject to challenge at any time thereafter.
    (ii)  As  to  complaints  filed  within  ninety  days  of  the initial
  registration of a housing accommodation, the legal regulated rent  shall
  be  deemed  to  be  the rent charged on the date four years prior to the
  date of the initial registration of the housing  accommodation  (or,  if
  the housing accommodation was subject to this chapter for less than four
  years,  the  initial legal regulated rent) plus in each case, any lawful
  increases and adjustments. Where the rent charged on the date four years
  prior to the date of  the  initial  registration  of  the  accommodation
  cannot be established, such rent shall be established by the division.
    Where  the  rent  charged  on the date four years prior to the date of
  initial registration of the housing accommodation cannot be established,
  such rent shall be established by the division  provided  that  where  a
  rent  is established based on rentals determined under the provisions of
  the local emergency housing rent control act such rent must be  adjusted
  to  account  for  no  less  than  the  minimum  increases which would be
  permitted if the housing accommodation were covered under the provisions
  of this chapter. Where the amount of rent set forth in the  annual  rent
  registration  statement  filed  four  years  prior  to  the  most recent
  registration statement is  not  challenged  within  four  years  of  its
  filing,  neither  such  rent  nor  service  of any registration shall be
  subject to challenge at any time thereafter.
    (1) The order of the state division of housing and  community  renewal
  shall  apportion  the  owner's  liability  between  or among two or more
  tenants found to have  been  overcharged  by  such  owner  during  their
  particular tenancy of a unit.
    (2) Except as provided under clauses (i) and (ii) of this paragraph, a
  complaint  under this subdivision shall be filed with the state division
  of housing  and  community  renewal  within  four  years  of  the  first
  overcharge alleged and no determination of an overcharge and no award or
  calculation of an award of the amount of an overcharge may be based upon
  an  overcharge having occurred more than four years before the complaint
  is filed.
    (i) No penalty of three times the overcharge  may  be  based  upon  an
  overcharge  having  occurred more than two years before the complaint is


  filed or upon  an  overcharge  which  occurred  prior  to  April  first,
  nineteen hundred eighty-four.
    (ii)  Any complaint based upon overcharges occurring prior to the date
  of filing of the initial rent registration as provided in section 26-517
  of this chapter shall be filed within ninety  days  of  the  mailing  of
  notice to the tenant of such registration. This paragraph shall preclude
  examination  of the rental history of the housing accommodation prior to
  the four-year period preceding the filing of  a  complaint  pursuant  to
  this subdivision.
    (3)  Any affected tenant shall be notified of and given an opportunity
  to join in any complaint filed by an officer or employee  of  the  state
  division of housing and community renewal.
    (4)  An owner found to have overcharged may be assessed the reasonable
  costs and attorney's fees of the proceeding and interest from  the  date
  of the overcharge at the rate of interest payable on a judgment pursuant
  to section five thousand four of the civil practice law and rules.
    (5)  The  order of the state division of housing and community renewal
  awarding penalties may, upon the expiration of the period in  which  the
  owner  may  institute  a proceeding pursuant to article seventy-eight of
  the civil practice law and rules, be filed and enforced by a  tenant  in
  the same manner as a judgment or not in excess of twenty percent thereof
  per month may be offset against any rent thereafter due the owner.
    b.  In  addition  to issuing the specific orders provided for by other
  provisions of this law, the state  division  of  housing  and  community
  renewal  shall be empowered to enforce this law and the code by issuing,
  upon notice and a reasonable opportunity for the affected  party  to  be
  heard, such other orders as it may deem appropriate.
    c. If the owner is found by the commissioner:
    (1)  to  have  violated  an order of the division the commissioner may
  impose by administrative order after hearing, a  civil  penalty  in  the
  amount  of  two hundred fifty dollars for the first such offense and one
  thousand dollars for each subsequent offense; or
    ** (2) to have harassed a tenant to  obtain  vacancy  of  his  or  her
  housing  accommodation,  the  commissioner  may impose by administrative
  order after hearing, a  civil  penalty  for  any  such  violation.  Such
  penalty shall be in the amount of not less than one thousand dollars nor
  more than five thousand dollars for each such offense or for a violation
  consisting  of  conduct directed at the tenants of more than one housing
  accommodation.
    ** NB Effective until June 16, 2011
    ** (2) to have harassed a tenant to  obtain  vacancy  of  his  or  her
  housing  accommodation,  the  commissioner  may impose by administrative
  order after hearing, a  civil  penalty  for  any  such  violation.  Such
  penalty shall be in the amount of up to one thousand dollars for a first
  such  offense  and up to twenty-five hundred dollars for each subsequent
  offense or for a violation consisting of conduct directed at the tenants
  of more than one housing accommodation.
    ** NB Effective June 16, 2011
    Such order shall be deemed a final determination for the  purposes  of
  judicial review. Such penalty may, upon the expiration of the period for
  seeking  review  pursuant to article seventy-eight of the civil practice
  law and rules, be docketed and enforced in the manner of a  judgment  of
  the supreme court.
    d.  Any  proceeding  pursuant  to  article  seventy-eight of the civil
  practice law and rules seeking review of any  action  pursuant  to  this
  chapter  shall  be  brought  within  sixty days of the expiration of the
  ninety day period and any extension thereof provided in subdivision h of
  this section or the rendering of a determination,  whichever  is  later.


  Any  action  or  proceeding brought by or against the commissioner under
  this  law  shall  be  brought  in  the  county  in  which  the   housing
  accommodation is located.
    e.  Violations  of this law, or of the code and orders issued pursuant
  thereto may be enjoined by the supreme court upon proceedings  commenced
  by  the  state division of housing and community renewal which shall not
  be required to post bond.
    f. In furtherance of its responsibility to enforce this law, the state
  division  of  housing  and  community  renewal  shall  be  empowered  to
  administer   oaths,   issue   subpoenas,  conduct  investigations,  make
  inspections and designate officers to  hear  and  report.  The  division
  shall  safeguard  the  confidentiality of information furnished to it at
  the request of the person furnishing same, unless such information  must
  be  made  public in the interest of establishing a record for the future
  guidance of persons subject to this law.
    g. Any owner who has duly registered a housing accommodation  pursuant
  to  section  26-517 of this chapter shall not be required to maintain or
  produce any records relating to rentals of such accommodation  for  more
  than  four  years  prior  to  the  most  recent  registration  or annual
  statement for such accommodation.
    h. The state  division  of  housing  and  community  renewal  may,  by
  regulation,   provide  for  administrative  review  of  all  orders  and
  determinations  issued  by  it  pursuant  to  this  chapter.  Any   such
  regulation  shall  provide  that  if  a  petition for such review is not
  determined within ninety days after it is filed, it shall be  deemed  to
  be  denied.  However, the division may grant one extension not to exceed
  thirty days with the consent of the  party  filing  such  petition;  any
  further extension may only be granted with the consent of all parties to
  the   petition.  No  proceeding  may  be  brought  pursuant  to  article
  seventy-eight of the civil practice law and rules to challenge any order
  or determination which is subject to such administrative  review  unless
  such  review  has been sought and either (1) a determination thereon has
  been made or (2) the ninety day period provided for determination of the
  petition for review (or any extension thereof) has expired.
    * NB Expires April 1, 2009