1809. Civil remedies.

     (a)  Any landlord who demands, accepts, receives, or retains any payment
of rent in excess of the maximum lawful rent, in violation of the provisions of
this Article or any rule, regulation or order hereunder promulgated, including
the provisions ensuring compliance with habitability standards and registration
fee requirements, shall be liable in a civil action to the tenant from whom
such payments are demanded, accepted, received or retained, for reasonable
attorney's fees and costs as determined by the court, plus damages in the
amount by which the payment or payments demanded, accepted, received or
retained exceeds the maximum lawful rent. A civil penalty of treble the amount
by which the payment or payments demanded, accepted, received or retained
exceeds the maximum lawful rent shall be awarded against the landlord upon a
showing that the landlord has acted willfully or with oppression, fraud or
malice. No administrative remedy need be exhausted prior to filing suit
pursuant to this Subsection.
     (b)  In lieu of filing a civil action, a tenant may file an administrative
complaint. The Board shall establish by rule and regulation a hearing procedure
similar to that set forth in Section 1805(d).
     (1)  The rules and regulations adopted by the Board shall provide for
final Board action on any complaint for excess rent within one hundred and
twenty (120) days following the date of filing of the complaint.
     (2)  In any administrative hearing under this Section, a landlord who
demands, accepts, receives or retains any payment of rent in excess of the
maximum lawful rent shall be liable for damages in the amount by which the
payment or payments demanded, accepted, received or retained exceeds the
maximum lawful rent and may be liable for an additional amount not to exceed
five hundred dollars ($500.00), for costs, expenses incurred in pursuing the
hearing remedy, damages and penalties. The tenant shall bear the burden of
proving entitlement to the penalty. The tenant may deduct the penalty and award
of damages from future rent payments in the manner provided by the Board. An
order authorizing rent withholding under this Article shall survive the sale or
other transfer of the property and shall be binding upon successors of the
landlord against whom the order was made. If a tenant authorized to withhold
rent under this Article vacates the property, the landlord shall pay to such
tenant a sum equal to the balance of the rent that the tenant could have
withheld.
     (c)  If the tenant from whom such excessive payment is demanded, accepted,
received or retained in violation of the foregoing provisions of this Article
or any rule or regulation or order hereunder promulgated fails to bring a civil
or administrative action as provided for in Section 1809(a) and 1809(b) within
one hundred and twenty (120) days from the date of occurrence of the violation,
the Board may settle the claim arising out of the violation or bring such
action. Thereafter, the tenant on whose behalf the Board acted is barred from
also bringing an action against the landlord in regard to the same violation
for which the Board has made a settlement or brought action. In the event the
Board settles said claim, it shall be entitled to retain the costs it incurred
in settlement thereof, and the tenant against whom the violation has been
committed shall be entitled to the remainder.
     (d)  The appropriate court in the jurisdiction in which the controlled
rental unit affected is located shall have jurisdiction over all actions
brought under this Section.
(Adopted at General Municipal Election, November 6, 1984, Res. No. 6943CCS)