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What is NYC AC § 22-1203?

Quick Answer

This section allows individuals aggrieved by violations of the chapter to file a lawsuit against offending parties after providing written notice. It outlines the conditions under which a commercial establishment may cure a violation and the potential damages that may be awarded to the prevailing party. Applies to individuals seeking recourse for violations of specific provisions against commercial establishments.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 22-1203 Private right of action.

AC § 22-1203

A person who is aggrieved by a violation of this chapter may commence an action in a court of competent jurisdiction on his or her own behalf against an offending party. At least 30 days prior to initiating any action against a commercial establishment for a violation of subdivision a of section 22-1202, the aggrieved person shall provide written notice to the commercial establishment setting forth such person's allegation. If, within 30 days, the commercial establishment cures the violation and provides the aggrieved person an express written statement that the violation has been cured and that no further violations shall occur, no action may be initiated against the commercial establishment for such violation. If a commercial establishment continues to violate subdivision a of section 22-1202, the aggrieved person may initiate an action against such establishment. No prior written notice is required for actions alleging a violation of subdivision b of section 22-1202. A prevailing party may recover: 1. For each violation of subdivision a of section 22-1202, damages of $500; 2. For each negligent violation of subdivision b of section 22-1202, damages of $500; 3. For each intentional or reckless violation of subdivision b of section 22-1202, damages of $5,000; 4. Reasonable attorneys' fees and costs, including expert witness fees and other litigation expenses; and 5. Other relief, including an injunction, as the court may deem appropriate. (L.L. 2021/003, 1/10/2021, eff. 7/9/2021)

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