N.Y. Comp. Codes R. & Regs. tit. 9 § 2526.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 2526.2 - Orders to enforce the RSL and this Code

(a) Upon notice and reasonable opportunity to be heard, the DHCR may issue orders it deems appropriate to enforce the RSL and this Code.

(b) In addition to any other penalties provided for in this Code, if the DHCR finds that any owner has knowingly violated any provision of the RSL or this Code, it may assess a penalty of up to $250 for each such violation against the owner.

(c) If the owner is found by the DHCR:

(1) to have violated an order of the DHCR, the DHCR may impose, by administrative order after holding a hearing, a civil penalty at minimum in the amount of one thousand but not to exceed two thousand dollars for the first such offense, and at a minimum in the amount of two thousand but not to exceed three thousand dollars for each subsequent offense; or

(2) to have harassed a tenant to obtain a vacancy of a housing accommodation, the DHCR may impose, by administrative order after holding a hearing, a civil penalty which shall be at a minimum in the amount of two thousand but not to exceed three thousand dollars for the first such offense, and at minimum in the amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. Such order shall be deemed a final determination for the purposes of judicial review pursuant to Part 2530 of this Title. Such penalty may, upon the expiration of the period for seeking review pursuant to article 78 of the Civil Practice Law and Rules, be docketed and enforced in the manner of a judgment of the Supreme Court; or

(3) not have utilized a housing accommodation for the purpose intended under section 2524.4(b)(2) of this Title, the DHCR shall impose, by administrative order after hearing, a penalty in the amount of up to $ 1,000 for each such offense.

(d) Any owner who has been found by the DHCR to have refused to comply with an order of the DHCR or to have harassed a tenant shall, in addition to being subject to any other penalties or remedies permitted by law or by this Code, be barred thereafter from applying for or collecting any further rent increase for the affected housing accommodation. The finding by the DHCR that the owner has complied with such order or that the conduct which resulted in the finding of harassment has ceased, shall result in the prospective elimination of the sanctions provided for in this section.

(e) The failure of any owner to pay any fine, penalty or assessment authorized by the RSL or this Code shall, until such fine, penalty or assessment is paid, bar an owner from applying for or collecting any further rent increases for such housing accommodation. The late payment of any fine, penalty or assessment shall result in the prospective elimination of such sanction.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2526.2

Amended New York State Register November 8, 2023/Volume XLV, Issue 45, eff. 11/8/2023