§ 26-413 Enforcement and penalties.
AC § 26-413
a. Any person who wilfully violates any provision of section 26-412 of this chapter shall be guilty of and punishable for a crime as specified in subdivision ten of section one of the state enabling act, namely such persons shall be subject to a fine of not more than five thousand dollars, or to imprisonment for not more than two years in the case of a violation of subdivision c of section 26-412 of this chapter and for not more than one year in all other cases, or to both such fine and imprisonment. The city rent agency may certify such facts, which in its opinion constitute such violation, to the district attorney having jurisdiction thereof. b.
(1)The city rent agency may, whenever in its judgment any person has engaged in or is about to engage in acts or practices which constitute a violation of any provision of section 26-412 of this chapter, apply to the supreme court for an order (a) enjoining such acts or practices, (b) enforcing compliance with such provision of said section or with an order issued by the city rent agency, or (c) directing the landlord to correct such violation of such provision; and upon sufficient showing, the supreme court may issue a temporary or permanent injunction, restraining order or other order, all of which shall be granted without bond. Jurisdiction shall not be deemed lacking in the supreme court because a defense is based upon an order of an inferior court.
(2)The city rent agency may, whenever in its judgment any person has engaged in acts or practices which constitute a violation of any provision of section 26-412 of this chapter: (a) Impose by administrative order after hearing, a civil penalty for any violation of said section and bring an action to recover same in any court of competent jurisdiction. Such penalty in the case of a violation of subdivision d of such section shall be at minimum in the amount of two thousand but not to exceed three thousand dollars for the first such offense, and at minimum in the amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation; and in the case of any other violation of such section at minimum in the amount of one thousand but not to exceed two thousand dollars for the first such offense, and at minimum in the amount of two thousand but not to exceed three thousand dollars for each subsequent offense. Such order by the city rent agency shall be deemed a final determination for the purposes of judicial review as provided in section 26-411 of this chapter. Such action shall be brought on behalf of the city and any amount recovered shall be paid into the city treasury. Such right of action may be released, compromised or adjusted by the city rent agency at any time subsequent to the issuance of such administrative order.
(b)Commence an action to recover damages, as provided for in paragraph two of subdivision d of this section in the event that (i) the tenant has not previously commenced such an action as therein provided and (ii) more than six months have elapsed since the occurrence of the violation or issuance of the order. An action instituted by the city rent agency shall constitute a bar to an action by the person aggrieved. The city rent agency shall pay over one-half of the sum recovered in such action to the person aggrieved and one-half to the city treasury, exclusive of costs and disbursements.
(3)(a) Subject to the provisions of subparagraph (b) of this paragraph, make a finding of harassment whenever it determines the existence of a violation of subdivision d of section 26-412 of this chapter in which event the city rent agency may (i) dismiss any pending application for a certificate of eviction and grant any subsequent application for such certificate only upon such terms and conditions as it deems necessary to prevent the circumvention or evasion of provisions of this chapter; (ii) determine that such housing accommodations or any replacement or subdivision thereof (whether or not by demolition, alteration or substantial rehabilitation) shall constitute housing accommodations subject to control under the provisions of this chapter, notwithstanding any definition of that term to the contrary; and (iii) to refuse to credit any adjustments increasing rent mandated by section 26-405 of this chapter and dismiss any applications for an adjustment pursuant to said section for such time and under such terms and conditions as the city rent agency deems necessary to prevent circumvention or evasion of the provisions of this chapter.
(4)Revoke any order or determination based upon any statement or entry false in any material respect in any document or report submitted in any proceeding before the city rent agency or required to be kept or filed under this chapter or any requirements thereunder. c.
