Section 11. ENFORCEMENT.
1. Whenever in the judgment of the commission any person has
engaged or is about to engage in any acts or practices which
constitute or will constitute a violation of any provision
of section ten of this act, the commission may make
application to the supreme court for an order enjoining such
acts or practices, or for an order enforcing compliance with
such provision, or for an order directing the landlord to
correct the violation, and upon a showing by the commission
that such person has engaged or is about to engage in any
such acts or practices a permanent or temporary injunction,
restraining order, or other order shall be granted without
bond. Jurisdiction shall not be deemed lacking in the
supreme court because the defense is based upon an order of
an inferior court.
2. Any person who willfully violates any provision of section
ten of this act, and any person who makes any statement or
entry false in any material respect in any document or
report required to be kept or filed under this act or any
regulation, order, or requirement thereunder, and any person
who willfully omits or neglects to make any material
statement or entry required to be made in any such document
or report, shall, upon conviction thereof, 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 three of section ten and for not
more than one year in all other cases, or to both such fine
and imprisonment. Whenever the commission has reason to
believe that any person is liable to punishment under this
subdivision, the commission may certify the facts to the
district attorney of any county having jurisdiction of the
alleged violation, who shall cause appropriate proceedings
to be brought.
3. Any court shall advance on the docket and expedite the
disposition of any criminal or other proceedings brought
before it under this section.
4. No person 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 this act 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modified, rescinded, or determined to be invalid.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 this act 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 commission. The commission may
intervene in any such action or proceeding.
5. If any landlord who receives rent from a tenant violates a
regulation or order prescribing the maximum rent with
respect to the housing accommodations for which such rent is
received from such tenant, the tenant paying such rent may,
within two years from the date of the occurrence of the
violation, except as hereinafter provided, bring an action
against the landlord on account of the overcharge as
hereinafter defined. In such action, 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: (a) 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 (b) an amount not less than twenty-five
dollars nor more than fifty dollars, as the court in its
discretion may determine; 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 willful nor the result of
failure to take practicable precautions against the
occurrence of the violation. As used in this section, the
word "overcharge" shall mean the amount by which the
consideration paid by a tenant to a landlord exceeds the
applicable maximum rent. If any landlord who receives rent
from a tenant violates a regulation or order prescribing
maximum rent with respect to the housing accommodations for
which such rent is received from such tenant, and such
tenant either fails to institute an action under this
subdivision within thirty days from the date of the
occurrence of the violation or is not entitled for any
reason to bring the action, the commission may institute an
action on behalf of the state within such two-year period.
If such action is instituted by the commission, the tenant
affected shall thereafter be barred from bringing an action
for the same violation or violations. Any action under this
subdivision by either the tenant or the commission, as the
case may be, may be brought in any court of competent
jurisdiction. Recovery, by judgment or otherwise, in an
action for damages under this subdivision shall be a bar to
the recovery under this subdivision of any recovery, by
judgment or otherwise, in any other action against the same
landlord on account of the same overcharge or overcharges
prior to the institution of the action in which such
recovery of damages was obtained. Where recovery by judgment
or otherwise is obtained in an action instituted by the
commission under this subdivision, there shall be paid over
to the tenant from the moneys recovered, one-third of such
recovery, exclusive of costs and disbursement or the amount
of the overcharge or overcharges, whichever is the greater.
6. If any landlord who receives rent from a tenant violates any
order containing a directive that rent collected by the
landlord in excess of the maximum rent be refunded to the
tenant within thirty days, the commission may, within one
year after the expiration of such thirty day period or after
such order shall become final by regulation of the
commission, bring an action against the landlord on account
of the failure of the landlord to make the prescribed
refund. In such action, 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:
(a) Such amount not more than three times the amount
directed to be refunded, or the amount directed to be
refunded, upon which the action is based as the court in its
discretion may determine, or (b) an amount not less than
twenty-five dollars nor more than fifty dollars, as the
court in its discretion may determine; provided, however,
that such amount shall be the amount directed to be refunded
or twenty-five dollars, whichever is greater, if the
defendant proves that the violation of the order in question
was neither willful nor the result of failure to take
practical precautions against the occurrence of the
violation. If the commission fails to institute such action
within thirty days from the date of the occurrence of the
violation, the tenant paying such rent may thereafter
institute an action for the same violation within such one
year period, and the liability of the landlord in such
action by the tenant shall be the same as if such action
were brought by the commission. If such action is instituted
by the commission, the tenant affected shall thereafter be
barred from bringing an action for the same violation. Any
action under this subdivision by either the commission or
the tenant, as the case may be, may be brought in any court
of competent jurisdiction. Recovery by judgment or otherwise
in an action under this subdivision based on the failure of
the landlord to make the prescribed refund, shall be a bar
to recovery under this subdivision of any recovery, by
judgment or otherwise, from the same landlord in any other
action instituted on account of the same violation, prior to
the institution of the action in which such recovery is
obtained. Where recovery by judgment or otherwise, is
obtained in an action instituted by the commission under
this subdivision, there shall be paid over to the tenant
from the moneys recovered one-third of such recovery,
exclusive of costs and disbursements, or the amount of the
prescribed refund, whichever is greater.
7. Any tenant who has vacated his housing accommodations
because the landlord or any person acting on his behalf,
with intent to cause the tenant to vacate, engaged in any
course of conduct (including, but not limited to,
interruption or discontinuance of essential services) which
interfered with or disturbed or was intended to interfere
with or disturb the comfort, repose, peace or quiet of the
tenant in his use or occupancy of the housing accommodations
may, within ninety days after vacating, apply to the
commission for a determination that the housing
accommodations were vacated as a result of such conduct, and
may, within one year after such determination, institute a
civil action against the landlord by reason of such conduct.
In such action the landlord shall be liable to the tenant
for three times the damages sustained on account of such
conduct plus reasonable attorney's fees and costs as
determined by the court. In addition to any other damages
the cost of removal of property shall be a lawful measure of
damages.