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What is NYC AC § 26-1202?

Quick Answer

This section allows lawful occupants of a dwelling unit to bring a legal action for violations of specific provisions. Courts may award compensatory and punitive damages, reasonable attorneys' fees, and issue restraining orders against violators. This statute does not create a private right of action against the city or its agencies. Applies to occupants seeking remedies for violations in their dwellings.

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

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§ 26-1202 Private right of action.

AC § 26-1202

a. A lawful occupant of a dwelling unit or a group of such occupants in a building may bring an action alleging a violation of subdivision b of section 26-1201 in any court of competent jurisdiction. If such court finds that a person is in violation of such subdivision, such court shall, in addition to any other relief such court determines to be appropriate: 1. Award to each such occupant (i) compensatory damages and, in such court's discretion, punitive damages or (ii) at the election of each occupant, damages of $1,000; 2. Award to such occupants reasonable attorneys' fees and court costs; and 3. Issue an order restraining such person from engaging in further conduct in violation of such subdivision. b. Such occupant or occupants shall not be relieved of the obligation to pay rent for which such occupant or occupants are otherwise liable to a person found to be in violation of subdivision b of section 26-1201. Any monetary relief awarded to such occupant or occupants pursuant to subdivision a of this section shall be reduced by any amount of delinquent rent or other sum for which such court finds such occupant or occupants to be liable to such person. c. This section does not limit or abrogate any claim or cause of action a person has under common law or by other law or rule. The provisions of this section are in addition to any other remedies that may be provided for under common law or by other law or rule. d. 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. 2017/015, 2/15/2017, eff. 5/16/2017)

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