a. Any person who violates subdivision a of section 26-3102 shall be liable for a civil penalty of not more than the lesser of $5,000 or three times the revenue generated by the short-term rental for each such violation.
b. Any registered host who violates the provisions of this chapter or rules of the administering agency promulgated pursuant to this chapter shall be liable for a civil penalty of not more than $5,000 for each such violation.
c. Any person who makes a material false statement or conceals a material fact in connection with the filing of an application or renewal thereof pursuant to this chapter shall be liable for a civil penalty of not more than $1,000 for each such violation, in addition to revocation pursuant to the provisions of this section.
d. The registration of a dwelling unit shall be revoked, after notice and opportunity to be heard, where:
1. Such dwelling unit has been used in violation of restrictions in the zoning resolution, multiple dwelling law, housing maintenance code and New York city construction codes relating to the short-term rental of dwelling units in private dwellings and class A multiple dwellings, or in class A dwelling units within mixed use buildings;
2. The applicant made a material false statement or concealed a material fact in connection with the filing of an application or renewal thereof pursuant to this chapter;
3. The registered host has committed three or more violations of this chapter or rules of the administering agency within a period of 24 months;
4. The dwelling unit was added to the prohibited building list after the registration had been approved; or
5. The administering agency, subsequent to issuing the registration, discovers information that would have precluded the administering agency from granting the registration had it been known at the time.
e. Civil penalties for violations of this chapter and rules of the administering agency promulgated pursuant to this chapter may be recovered in proceedings before an administrative tribunal within the jurisdiction of the office of administrative trials and hearings in accordance with the rules of such tribunal or in an action in a court of competent jurisdiction. Notices of violation, administrative summonses and appearance tickets for violations may be issued by officers and employees of the administering agency or other city agencies designated by such administering agency.
f. The administering agency shall be authorized to conduct investigations, to issue subpoenas, to receive evidence, to hear complaints regarding activities subject to this section, to hold public hearings, to take testimony and to promulgate, amend and modify procedures and practices governing such proceedings.
(L.L. 2022/018, 1/9/2022, eff. 5/9/2023)