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What is NYC AC § 22-903?

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This section allows a commercial tenant to bring a legal action for claims of commercial tenant harassment against a landlord. If harassment is proven, the court may impose civil penalties and issue orders to prevent further violations. Applies to commercial tenants experiencing harassment from landlords.

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

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§ 22-903 Private right of action.

AC § 22-903

a. A commercial tenant may bring an action in any court of competent jurisdiction for a claim of commercial tenant harassment. If a court of competent jurisdiction finds that a landlord has engaged in commercial tenant harassment in relation to such commercial tenant, the court shall impose a civil penalty in an amount not less than ten thousand dollars and not more than fifty thousand dollars for each covered property in which such commercial tenant has been the subject of commercial tenant harassment and may further: 1. issue an order restraining the landlord from engaging in commercial tenant harassment and directing the landlord to ensure that no further violation occurs; 2. issue an order to the department of buildings directing such department not to approve construction documents for, or not to issue or renew permits for, covered categories of work in the covered property in which such commercial tenant has been the subject of commercial tenant harassment, for a period of time deemed appropriate by the court; and 3. award such other relief as the court deems appropriate, including but not limited to injunctive relief, equitable relief, compensatory damages, punitive damages and reasonable attorneys' fees and court costs. b. The commercial tenant shall not be relieved of the obligation to pay any rent for which the commercial tenant is otherwise liable. Any monetary remedy awarded to a commercial tenant pursuant to subdivision a of this section shall be reduced by any amount of delinquent rent or other sum for which a court finds such commercial tenant is liable to the landlord. c. This section does not limit or abrogate any claim or cause of action a person has under common law or by statute. The provisions of this section are in addition to any such common law and statutory remedies. d. Nothing contained in this chapter shall be construed as creating any cause of action for a commercial tenant's invitee. e. Nothing contained in this chapter shall be construed as creating any private right of action against the city or any agency or employee thereof. (L.L. 2016/077, 6/28/2016, eff. 9/26/2016; Am. L.L. 2019/185, 10/26/2019, eff. 10/26/2019)

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