Title 9 Part 2206

Any person who willfully violates any provision of section Y51-10.0 of the Rent Law shall be guilty of and punishable for a crime as specified in section 1(10) of the State Enabling Act, namely, such person shall be subject to a fine of not more than $5,000, or to imprisonment for not more than two years in the case of a violation of subdivision c of section Y51-10.0 of the Rent Law, and for not more than one year in all other cases, or to both such fine and imprisonment. The administrator may certify such facts, which in his opinion constitute such violation, to the district attorney having jurisdiction thereof.

The administrator may, whenever in his judgment any person has engaged in or is about to engage in acts or practices which constitute or will constitute a violation of any provision of section Y51-10.0 of the Rent Law, 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 administrator, 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 order of an inferior court.

The administrator may, whenever any person has engaged in acts or practices which constitute a violation of any provision of section 26-412 of the Rent Law or Part 2205 of this Title, or where more than six months have elapsed since the landlord's failure to use a certificate of eviction for the purpose for which it was issued, and either the administrator has not waived such failure to use such certificate for the designated purpose or the tenant has not commenced civil action against the landlord as provided in section 2206.7 of this Part, impose civil penalty by order after a hearing by reason of such violation 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 section 26-412 of the Rent Law or section 2206.5 of this Part, shall be in the amount of not less than $2,000 nor more than $10,000 for each such 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 provisions of the Rent Law or this Subchapter, in the amount of $1,000 for the first offense and $2,000 for each subsequent offense. Such order shall be deemed a final determination for the purposes of judicial review as provided in section 26-411 of the Rent Law and section 2208.12 of this Title. 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 administrator at any time subsequent to the issuance of such administrative order.

The administrator may, whenever in his judgment any person has engaged in acts or practices which constitute a violation of any provision of section Y51-10.0 of the Rent Law, commence an action to recover damages, as provided for in section 2206.8 of this Part, in the event that (a) the tenant has not previously commenced such an action as therein provided, and (b) more than six months have elapsed since the occurrence of the violation or issuance of the order. An action instituted by the administrator shall constitute a bar to an action by the person aggrieved. The administrator 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.

Where after the administrator has granted a certificate of eviction authorizing the landlord to pursue his remedies pursuant to law to acquire possession, and a tenant voluntarily removes from a housing accommodation or has been removed therefrom by action or proceeding to evict from or recover possession of a housing accommodation upon the ground that the landlord seeks in good faith to recover possession: