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What is NYC AC § 26-3006?

Quick Answer

This section allows lawful occupants of a dwelling unit in a smart access building to bring an action against unlawful data sales. Courts may award compensatory or punitive damages and reasonable attorneys' fees. It does not relieve occupants from rent obligations or affect other legal rights. Applies to occupants seeking remedies for data violations.

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

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§ 26-3006.

AC § 26-3006

a. A lawful occupant of a dwelling unit, or a group of such occupants, in a smart access building may bring an action alleging an unlawful sale of data in violation of paragraph one of subdivision a of section 26-3003 in any court of competent jurisdiction. If such court finds that a person is in violation of such paragraph for the unlawful sale of data, such court shall, in addition to any other relief such court determines to be appropriate: 1. Award to each such occupant per each unlawful sale of such occupant's data: (i) compensatory damages and, in such court's discretion, punitive damages, or (ii) at the election of each occupant, damages ranging from $200 to $1,000; and 2. Award to such occupants reasonable attorneys' fees and court costs. b. Nothing in this section shall relieve any such occupant or occupants from any obligation to pay rent or any other charge for which such occupant or occupants are otherwise liable to a person found to be in violation of this chapter. Nothing in this section shall affect any other right or responsibility of an occupant or owner afforded to such person pursuant to a lawful lease. 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. (L.L. 2021/063, 5/30/2021, eff. 7/29/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/063.

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