§ 9-1605.  Penalties. 1114.3
   (1)   Any person who engages in the self-help eviction activities described in this Chapter or who assists in such activities shall be guilty of a Class III offense, and shall be subject to a fine as set forth in subsection 1-109(3). Each day a violation continues or is permitted to continue shall constitute a separate offense for which a separate penalty shall be imposed. A violation shall cease when the unlawful conduct as set forth in subsection 9-1601(1)(a) ends or when the tenant no longer seeks to exercise his or her rights by regaining possession of said premises.
   (2)   Private Right of Action. An individual who has been the victim of a self-help eviction practice prohibited under this Chapter 9-1600 shall have a private right of action against any landlord who violates Section 9-1603, directly or through an agent, and may recover, for each such violation, actual damages, reasonable attorneys' fees and court costs to the extent allowed by law, punitive damages not to exceed two thousand dollars ($2,000) per violation, and such other relief, including injunctive relief, as the court may deem appropriate. Provided that, for any self-help eviction practice that occurs after a tenant regains possession of the premises after a prior self-help eviction practice, or that occurs or continues after the Fair Housing Commission issues a finding or order determining that a self-help eviction practice had occurred, each day such subsequent self-help eviction practice continues shall be considered a separate violation for the purpose of determining the limit of punitive damages that may be recovered. This subsection in no way limits the rights of private parties to pursue any legal rights and claims they may possess under a written agreement or any other applicable law.
   (3)   Subsequent or repeated violations, which are not committed contemporaneously with the initial violation, shall be treated as separate causes of action and shall be subject to separate award of damages under subsection 9-1605(2).

 

Notes

1114.3
   Amended, Bill No. 200304 (approved July 1, 2020).