New York Rent Laws
EHRCL Table of Contents

The Emergency Housing Rent Control Law of 1961 [EHRCL]

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.