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a. The city rent agency is authorized to make such studies and investigations, to conduct such hearings, and to obtain such information as it deems necessary or proper in prescribing any regulation or order pursuant to this chapter or in administering and enforcing this chapter and the regulations and orders thereunder or the state rent act and the regulations and orders thereunder.
b. The city rent agency is further authorized, by regulation or order, to require any person who rents or offers for rent or acts as broker or agent for the rental of any housing accommodations to furnish any such information under oath or affirmation, or otherwise, to make and keep records and other documents, and to make reports, including, but not limited to, reports with respect to decontrolled or exempt housing accommodations, and the city rent agency may require any such person to permit the inspection and copying of records and other documents and the inspection of housing accommodations. Any officer or agent designated by the city rent agency for such purposes may administer oaths and affirmations and may, whenever necessary, by subpoena, require any such person to appear and testify or to appear and produce documents, or both, at any designated place.
c. For the purpose of obtaining any information under this section, the city rent agency may by subpoena require any other person to appear and testify or to appear and produce documents, or both, at any designated place.
d. The production of a person's documents at any place other than his or her place of business shall not be required under this section in any case in which, prior to the return date specified in the subpoena issued with respect thereto, such person either has furnished the city rent agency with a copy of such documents certified by such person under oath to be a true and correct copy, or has entered into a stipulation with the city rent agency as to the information contained in such documents.
e. In case of contumacy by, or refusal to obey a subpoena served upon, any person referred to in this section, the supreme court in or for any judicial district in which such person is found or resides or transacts business, upon application by the city rent agency, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof. The provisions of this subdivision e shall be in addition to the provisions of paragraph (a) of subdivision nine of section one of the state enabling act and subdivision a of section 26-412 of this chapter.
f. Witnesses subpoenaed under this section shall be paid the same fee and mileage as are paid witnesses pursuant to the civil practice law and rules.
g. Upon any such investigation or hearing, the city rent agency, or an officer duly designated by the city rent agency to conduct such investigation or hearing, may confer immunity in accordance with the provisions of the criminal procedure law.
h. The city rent agency shall not publish or disclose any information obtained under this chapter that the city rent agency deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless the city rent agency determines that the withholding thereof is contrary to the public interest.
i. Any person subpoenaed under this section shall have the right to make a record of his or her testimony and to be represented by counsel.
j. Without limiting any power granted by this section or any other provision of law, the city rent agency may by regulation require the owner of a building or property containing both housing accommodations subject to this chapter and housing accommodations subject to chapter four of this title to execute and file registration statements with respect to the housing accommodations subject to this chapter along with those filed pursuant to such chapter four. Notwithstanding any other provisions of law, such agency may promulgate regulations, and take other necessary or appropriate actions, pursuant to this subdivision prior to April first, nineteen hundred eighty-four, to take effect on or after such date.
a. After the issuance of any regulation or order by the city rent agency, any person subject to any provision of such regulation or order may, in accordance with regulations to be prescribed by such agency, file a protest against such regulation or order specifically setting forth his or her objections to any such provisions and affidavits or other written evidence in support of such objections. Statements in support of any such regulation or order may be received and incorporated in the record of the proceedings at such times and in accordance with such regulations as may be prescribed by such agency.Within a reasonable time after the filing of any protest under this section, such agency shall either grant or deny such protest in whole or in part, notice such protest for hearing, or provide an opportunity to present further evidence in connection therewith. In the event that such agency denies any such protest in whole or in part, it shall inform the protestant of the grounds upon which such decision is based, and of any economic data and other facts of which it has taken official notice.
b. In the administration of this chapter, the city rent agency may take official notice of economic data and other facts, including facts found by it as a result of action taken under section 26-405 of this chapter.
c. Any proceedings under this section may be limited by the city rent agency to the filing of affidavits, or other written evidence, and the filing of briefs, except that no multiple-tenant initiated proceeding for the reduction of rents in a building may be determined without a hearing.
d. Any protest filed under this section shall be granted or denied by the city rent agency, or granted in part and the remainder of it denied, within a reasonable time after it is filed. If such agency does not act finally within a period of ninety days after the protest is filed, the protest shall be deemed to be denied. However, such agency may grant one extension not to exceed thirty days with the consent of the party filing such protest; any further extension may only be granted with the consent of all parties to the protest. No proceeding may be brought pursuant to article seventy-eight of the civil practice law and rules to challenge any order or determination which is subject to such protest unless such review has been sought and either (1) a determination thereon has been made or (2) the ninety-day period provided for determination of the protest (or any extension thereof) has expired. If such agency does not act finally within a period of ninety days after the entry of an order of remand to such agency by the court in a proceeding instituted pursuant to subdivision eight of section one of the state enabling act or section 26-411 of this chapter, the order previously made by such agency shall be deemed reaffirmed. However, such agency may grant one extension not to exceed thirty days with the consent of the petitioner; any further extension may only be granted with the consent of all parties to the petition.
e. The city rent agency shall compile and make available for public inspection at reasonable hours at its principal office and at each appropriate local office a copy of each decision rendered by it upon granting, or denying, in whole or in part, any protests filed under this section and shall have available at each appropriate local office a register of properties concerning which a vacate order was issued by a city department having jurisdiction or proceedings have been brought to determine whether any housing accommodations therein became vacant as a result of conduct proscribed by subdivision d of section 26-412 of this chapter.
a. (1) Any person who is aggrieved by the final determination of the city rent agency in an administrative proceeding protesting a regulation or order of such agency may, in accordance with article seventy-eight of the civil practice law and rules, within sixty days after such determination, commence a proceeding in the supreme court. The petition shall specify his or her objections and pray that the regulation or order protested be enjoined or set aside in whole or in part. Such proceeding may at the option of the petitioner be instituted in the county where the city rent agency has its principal office or where the property is located. The city rent agency shall file with such court the original or a transcript of such portions of the proceedings in connection with its final determination as are material under the petition. Such return shall include a statement setting forth, so far as practicable, the economic data and other facts of which the city rent agency has taken official notice. Upon the filing of such petition the court shall have jurisdiction to set aside the regulation or order protested, in whole or in part, to dismiss the petition, or to remit the proceeding to the city rent agency, provided, however, that the regulation or order may be modified or rescinded by the city rent agency at any time notwithstanding the pendency of such proceeding for review.
(2) No objection to such regulation or order, and no evidence in support of any objection thereto, shall be considered by the court, unless such objection shall have been presented to the city rent agency by the petitioner in the proceedings resulting in the determination or unless such evidence shall be contained in the return. If application is made to the court by either party for leave to introduce additional evidence which was either offered and not admitted or which could not reasonably have been offered or included in such proceedings before the city rent agency, and the court determines that such evidence should be admitted, the court shall order the evidence to be presented to the city rent agency. The city rent agency shall promptly receive the same, and such other evidence as the city rent agency deems necessary or proper, and thereupon the city rent agency shall file with the court the original or a transcript thereof and any modification made in such regulation or order as a result thereof; except that on request by the city rent agency, any such evidence shall be presented directly to the court. Upon final determination of the proceeding before the court, the original record, if filed by the city rent agency with the court, shall be returned to the city rent agency.
b. No regulation or order of the city rent agency shall be enjoined or set aside, in whole or in part, unless the petitioner shall establish to the satisfaction of the court that the regulation or order is not in accordance with law, or is arbitrary or capricious. The effectiveness of an order of the court enjoining or setting aside, in whole or in part, any such regulation or order shall be postponed until the expiration of thirty days from the entry thereof. The jurisdiction of the supreme court shall be exclusive and its order dismissing the petition or enjoining or setting aside such regulation or order, in whole or in part, shall be final, subject to review by the appellate division of the supreme court and the court of appeals in the same manner and form and with the same effect as provided in the civil practice law and rules for appeals from a final order in a special proceeding. Notwithstanding any provision of paragraph one of subdivision (b) of section five thousand seven hundred one of the civil practice law and rules to the contrary, any order of the court remitting the proceeding to the city rent agency may, at the election of the city rent agency, be subject to review by the appellate division of the supreme court and the court of appeals in the same manner and form and with the same effect as provided in the civil practice law and rules for appeals from a final order in a special proceeding. All such proceedings shall be heard and determined by the court and by any appellate court as expeditiously as possible and with lawful precedence over other matters. All such proceedings for review shall be heard on the petition, manuscript and other papers, and on appeal shall be heard on the record, without requirement of printing.
c. Within thirty days after arraignment, or such additional time as the court may allow for good cause shown, in any criminal proceeding, and within five days after judgment in any civil or criminal proceeding, brought pursuant to subdivision ten of section one of the state enabling act or section 26-413 of this chapter involving alleged violation of any provision of any regulation or order of the city rent agency, the defendant may apply to the court in which the proceeding is pending for leave to file in the supreme court a petition setting forth objections to the validity of any provision which the defendant is alleged to have violated or conspired to violate. The court in which the proceeding is pending shall grant such leave with respect to any objection which it finds is made in good faith and with respect to which it finds there is reasonable and substantial excuse for the defendant's failure to present such objection in an administrative proceeding before the city rent agency. Upon the filing of a petition pursuant to and within thirty days from the granting of such leave, the supreme court shall have jurisdiction to enjoin or set aside in whole or in part the provision of the regulation or order complained of or to dismiss the petition. The court may authorize the introduction of evidence, either to the city rent agency or directly to the court, in accordance with subdivision a of this section. The provisions of subdivision b of this section shall be applicable with respect to any proceedings instituted in accordance with this subdivision.
d. In any proceeding brought pursuant to subdivision ten of section one of the state enabling act or section 26-413 of this chapter involving an alleged violation of any provision of any such regulation or order, the court shall stay the proceeding:
(1) During the period within which a petition may be filed in the supreme court pursuant to leave granted under subdivision c of this section with respect to such provision;
(2) During the pendency of any protest properly filed under section 26-410 of this chapter prior to the institution of the proceeding under subdivision ten of section one of the state enabling act or section 26-413 of this chapter, setting forth objections to the validity of such provision which the court finds to have been made in good faith; and
(3) During the pendency of any judicial proceeding instituted by the defendant under this section with respect to such protest or instituted by the defendant under subdivision c of this section with respect to such provision, and until the expiration of the time allowed in this section for the taking of further proceedings with respect thereto.
e. Notwithstanding the provisions of subdivision d of this section, stays shall be granted thereunder in civil proceedings only after judgment and upon application made within five days after judgment. Notwithstanding the provisions of subdivision d of this section, in the case of a proceeding under paragraph (a) of subdivision ten of section one of the state enabling act or subdivision a of section 26-413 of this chapter, the court granting a stay under subdivision d of this section shall issue a temporary injunction or restraining order enjoining or restraining, during the period of the stay, violations by the defendant of any provision of the regulation or order involved in the proceeding. If any provision of a regulation or order is determined to be invalid by judgment of the supreme court which has become effective in accordance with subdivision b of this section, any proceeding pending in any court shall be dismissed, and any judgment in such proceeding vacated, to the extent that such proceeding or judgment is based upon violation of such provision. Except as provided in subdivisions c and d of this section and as heretofore provided in this subdivision e, the pendency of any protest under section 26-410 of this chapter before the city rent agency or judicial proceeding under this section, shall not be grounds for staying any proceeding brought pursuant to subdivision ten of section one of the state enabling act or section 26-413 of this chapter; nor, except as provided in this subdivision e, shall any retroactive effect be given to any judgment setting aside a provision of a regulation or order.
f. The method prescribed herein for the judicial review of a regulation or order of the city rent agency shall be exclusive.
a. It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodations in excess of the applicable maximum rent established therefor by the city rent agency or otherwise to do or omit to do any act, in violation of any regulation, order or requirement of the city rent agency under the state enabling act or under this chapter, or to offer, solicit, attempt or agree to do any of the foregoing.
b. It shall be unlawful for any person to remove or attempt to remove from any housing accommodations the tenant or occupant thereof or to refuse to renew the lease or agreement for the use of said accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by the state rent act or by this chapter or any provision of this code, the multiple dwelling law, or the health code of the city of New York, or any regulation, order or requirement thereunder.
c. It shall be unlawful for any officer or employee of the city rent agency or for any official adviser or consultant to the city rent agency to disclose, otherwise than in the course of official duty, any information obtained under this chapter, or to use any such information for personal benefit.
d. It shall be unlawful for any person, with intent to cause any tenant to vacate housing accommodations or to surrender or waive any rights of such tenant under this chapter or the regulations promulgated thereunder, to engage in any course of conduct including, but not limited to, interruption or discontinuance of essential services which interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of such tenant in his or her use or occupancy of the housing accommodations.
e. It shall be unlawful for any person to make 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 filed under this chapter or any regulation, order or requirement thereunder, or to wilfully omit or neglect to make any material statement or entry required to be made in any such document or report;
f. It shall be unlawful for a landlord or a successor in interest to use housing accommodations or the site on which same were located for any purposes other than that specified in the certificate of eviction.
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.
(b) No proceeding to determine whether housing accommodations have become vacant as a result of harassment may be commenced later than thirty days after the entire structure shall have been vacated, unless the landlord failed to certify his or her intent to alter or demolish the premises as provided by subdivision c of section 26-408 of this chapter. No proceeding shall be maintained for acts performed in good faith and in a reasonable manner for the purposes of operating, maintaining or repairing any building or part thereof. A finding of harassment shall be attached to and noted upon the registration of the housing accommodations affected by such findings, and a copy thereof shall be filed and docketed in the manner of a notice of mechanic's lien affecting the property. The provisions of this paragraph shall bind all persons or parties who succeed to the landlord's interest in said housing accommodations.
(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. (1) Any court shall advance on the docket or otherwise expedite the disposition of any action or proceeding brought before it pursuant to the provisions of subdivision b of this section.
(2) The provisions of subdivision b of this section are cumulative. The enforcement of one provision thereof shall not constitute a bar to the enforcement by action, proceeding or by making a finding or determination pursuant to other provisions of said subdivision.
(3) The city rent agency may direct that a refund payment to the tenant for rent collected in violation of subdivision a of section 26-412 include interest from the date of each excessive payment of rent. Where the city rent agency has revoked an order or determination premised on a false statement or entry, it may withhold issuance of an order granting increase in maximum rent for such housing accommodations until the landlord has complied with the refund directive, if any, provided for in such order of revocation.
d. (1) Where after the city rent agency has granted a certificate of eviction authorizing the landlord to pursue his or her 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 of such accommodation:
(a) For his or her immediate and personal use, or for the immediate and personal use by a member or members of his or her immediate family, and such landlord or members of his or her immediate family shall fail to occupy such accommodation within thirty days after the tenant vacates; or
(b) For the immediate purpose of withdrawing such housing accommodation from the rental market, and such landlord shall lease or sell the housing accommodation or the space previously occupied thereby, or permit use thereof in a manner other than contemplated in such eviction certificate within a period of one year after such removal of the tenant; or
(c) For the immediate purpose of altering or remodeling such housing accommodation, and the landlord (who required possession for the purpose of effecting such alteration or remodeling) shall fail to start the work of alteration or remodeling of such housing accommodation within ninety days after the removal of the last tenant whose removal is necessary to enable the landlord to effect such alteration or remodeling of such accommodation, or if after having commenced such work shall fail or neglect to prosecute the work with reasonable diligence; or
(d) For the immediate purpose of demolishing such housing accommodations and constructing a new building in accordance with approved plans, or reasonable amendment thereof, and the landlord has failed to complete the demolition within six months after the removal of the last tenant or, having demolished the premises, has failed or neglected to proceed with the new construction within ninety days after the completion of such demolition, or having commenced such construction work, has failed or neglected to prosecute such work with reasonable diligence; or
(e) For some purpose other than those specified above for which the removal of the tenant was sought and the landlord has failed to use the vacated premises for such purposes; such landlord shall, unless for good cause shown be liable to the tenant for three times the damages sustained on account of such removal plus reasonable attorney's fees and costs as determined by the court provided that the tenant commences such action within three years from the expiration of the applicable time period as set forth in this subdivision. The damages sustained by the tenant under this subdivision shall be the difference between the rent paid for the housing accommodation from which such tenant was evicted, and the rental value of a comparable housing accommodation on the open market. In addition to any other damage, the cost of removal of the tenant's property shall be a lawful measure of damages. The remedy herein provided shall be in addition to those provided for in subdivisions a and b of this section. Such acts and omissions on the part of a landlord after issuance of a certificate of eviction are hereby declared to be consistent with the purposes for which such certificate of eviction was issued.
(2) A tenant may bring an action against his or her landlord in any court of competent jurisdiction for a violation of subdivision a of section 26-412 of this chapter within: (a) two years from the date of occurrence of an overcharge, defined to mean the amount by which the consideration paid by a tenant to a landlord exceeds the applicable maximum rent, or (b) within one year after the landlord fails to pay a refund as ordered by the city rent agency, such time to be calculated from thirty-three days after the date of the issuance of the order or when the order becomes final, whichever is later, or (c) in the case of an act proscribed by subdivision e of section 26-412 of this chapter, within two years after knowledge of such statement or omission and consequent violation has been made known to the city agency. The landlord shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (i) such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine or (ii) an amount not less than twenty-five dollars, provided, however, that such amount shall be the amount of the overcharge or overcharges or twenty-five dollars, whichever is greater, if the defendant proves that the violation of the regulation or order in question was neither wilful nor the result of failure to take practicable precautions against the occurrence of the violation.
(3) A tenant or occupant who is unlawfully removed by a landlord from any housing accommodation may, within two years from the date of occurrence, bring a civil action against the landlord by reason of such unlawful removal. In such action, the landlord shall be liable to the tenant for three times the damages sustained on account of such removal plus reasonable attorney's fees and costs as determined by the court. The damages sustained by the tenant under this paragraph shall be the difference between the rent paid for the housing accommodation from which such tenant was evicted and the rental value of a comparable housing accommodation on the open market. In addition to any other damage the cost of removal of the tenant's property shall be a lawful measure of damage.
e. No person (including, but not limited to any officer or employee of the city rent agency) shall be held liable for damages or penalties in any court, on any grounds for or in respect of anything done or omitted to be done in good faith pursuant to any provision of the state rent act or of this chapter, or any regulation, order, or requirement thereunder, notwithstanding that subsequently such provision, regulation, order or requirement may be modified, rescinded, or determined to be invalid. In any action or proceeding wherein a party relies for ground of relief or defense or raises issue or brings into question the construction or validity of any provision of this chapter or any regulation, order, or requirement thereunder, the court having jurisdiction of such action or proceeding may at any stage certify such fact to the city rent agency. The city rent agency may intervene in any such action or proceeding.
(Am. 2015 N.Y. Laws Ch. 20 Pt. A §§ 25, 26, 6/26/2015, eff. 6/26/2015)
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