N.Y. Comp. Codes R. & Regs. tit. 9, § 2506.2 – Orders to enforce the act and this Chapter. | Midpage
§ 2506.2
N.Y. Comp. Codes R. & Regs. tit. 9, § 2506.2
Orders to enforce the act and this Chapter.
Executive Department
(a) Upon notice and reasonable opportunity to be heard, the division may issue orders it deems appropriate to enforce the act and this Chapter.
(b) If the division finds that any landlord has knowingly engaged in acts prohibited by the act and regulations or orders issued thereunder, it may assess the landlord and order it to pay each tenant affected by such acts the reasonable costs and attorney fees of the proceeding plus a penalty not in excess of $250 for each such act. If the landlord has not instituted a proceeding pursuant to article 78 of the Civil Practice Law and Rules and has not paid the assessment and penalties upon the expiration of the time to do so, each affected tenant may offset against any rent thereafter due the landlord the unpaid amount not in excess of 20 percent thereof per month.
(c) If a landlord is found by the division:
(1) to have violated an order of the division, the division may impose by administrative order after hearing, a civil penalty in the amount of $1,000 for the first such offense and $2,000 for each subsequent offense; or
(2) to have harassed a tenant to obtain a vacancy of a housing accommodation, the division may impose by administrative order after hearing, a civil penalty in the amount of $2,000 for the first such offense and up to $10,000 for each subsequent offense or for a violation consisting of conduct directed at the tenant of more than one housing accommodation.