Section 26-521
§ 26-521 Unlawful eviction. a. It shall be unlawful for any person to
evict or attempt to evict an occupant of a dwelling unit who has
lawfully occupied the dwelling unit for thirty consecutive days or
longer or who has entered into a lease with respect to such dwelling
unit or has made a request for a lease for such dwelling unit pursuant
to the hotel stabilization provisions of the rent stabilization law
except to the extent permitted by law pursuant to a warrant of eviction
or other order of a court of competent jurisdiction or a governmental
vacate order by:
(1) using or threatening the use of force to induce the occupant to
vacate the dwelling unit; or
(2) engaging in a course of conduct which interferes with or is
intended to interfere with or disturb the comfort, repose, peace or
quiet of such occupant in the use or occupancy of the dwelling unit, to
induce the occupant to vacate the dwelling unit including, but not
limited to, the interruption or discontinuance of essential services; or
(3) engaging or threatening to engage in any other conduct which
prevents or is intended to prevent such occupant from the lawful
occupancy of such dwelling unit or to induce the occupant to vacate the
dwelling unit including, but not limited to, removing the occupant's
possessions from the dwelling unit, removing the door at the entrance to
the dwelling unit; removing, plugging or otherwise rendering the lock on
such entrance door inoperable; or changing the lock on such entrance
door without supplying the occupant with a key.
b. It shall be unlawful for an owner of a dwelling unit to fail to
take all reasonable and necessary action to restore to occupancy an
occupant of a dwelling unit who either vacates, has been removed from or
is otherwise prevented from occupying a dwelling unit as the result of
any of the acts or omissions prescribed in subdivision a of this section
and to provide to such occupant a dwelling unit within such dwelling
suitable for occupancy, after being requested to do so by such occupant
or the representative of such occupant, if such owner either committed
such unlawful acts or omissions or knew or had reason to know of such
unlawful acts or omissions, or if such acts or omissions occurred within
seven days prior to such request.
Section 26-522
§ 26-522 Definitions. a. For the purpose of this chapter the following
terms shall have the following meanings:
(1) "Dwelling unit" means a dwelling unit as such term is defined in
subdivision thirteen of section 27-2004 of the housing maintenance code.
(2) "Owner" means an owner as defined in section 27-2004 of the
housing maintenance code.
b. For the purposes of this chapter a "person" shall not include a
government employee acting within the scope of employment.
Section 26-523
§ 26-523 Criminal and civil penalties. a. Any person who intentionally
violates or assists in the violation of any of the provisions of this
chapter shall be guilty of a class A misdemeanor. Each such violation
shall be a separate and distinct offense.
b. Such person shall also be subject to a civil penalty of not less
than one thousand nor more than ten thousand dollars for each violation.
Each such violation shall be a separate and distinct offense. In the
case of a failure to take all reasonable and necessary action to restore
an occupant pursuant to subdivision b of section 26-521 of this chapter,
such person shall be subject to an additional civil penalty of not more
than one hundred dollars per day from the date on which restoration to
occupancy is requested until the date on which restoration occurs,
provided, however, that such period shall not exceed six months.
Section 26-524
§ 26-524 Enforcement actions or proceedings. The civil penalties
prescribed by this chapter shall be recovered by an action or proceeding
in any court of competent jurisdiction. All such actions or proceedings
shall be brought in the name of the city by the corporation counsel. In
addition, the corporation counsel may institute any other action or
proceeding in any court of competent jurisdiction that may be
appropriate or necessary for the enforcement of the provisions of this
chapter, including actions to secure permanent injunctions enjoining any
acts or practices which constitute a violation of any provision of this
chapter, mandating compliance with the provisions of this chapter or for
such other relief as may be appropriate. In any such action or
proceeding the city may apply to any court of competent jurisdiction, or
to a judge or justice thereof, for a temporary restraining order or
preliminary injunction enjoining and restraining all persons from
violating any provision of this chapter, mandating compliance with the
provisions of this chapter, or for such other relief as may be
appropriate, until the hearing and determination of such action or
proceeding and the entry of final judgment or order therein. The court,
or judge or justice thereof, to whom such application is made, is hereby
authorized forthwith to make any or all of the orders above specified,
as may be required in such application, with or without notice, and to
make such other or further orders or directions as may be necessary to
render the same effectual. No undertaking shall be required as a
condition to the granting or issuing of such order, or by reason
thereof.
Section 26-525
§ 26-525 Lien. Every civil penalty imposed by judgment upon an owner
pursuant to this chapter shall be a lien upon the dwelling with respect
to which such civil penalty is imposed from the time of the filing of a
notice of pendency in the office of the clerk of the county in which
such dwelling is situated.
Section 26-526
§ 26-526 Notice of pendency. a. In any action or proceeding instituted
under this chapter, the corporation counsel may file in the county
clerk's office of the county where the dwelling affected by such action
or proceeding is situated, a notice of the pendency of such action or
proceeding. Such notice may be filed at the time of the commencement of
the action or proceeding, or at any time afterwards, before final
judgment or order. The corporation counsel shall designate in writing
the name of each person against whom the notice is filed and the number
of each block on the land map of the county which is affected by the
notice. The county clerk in whose office the notice of pendency is filed
shall record and index such notice against the names and blocks
designated.
b. Any such notice may be vacated upon the order of a judge of the
court in which such action or proceeding was instituted or is pending,
or upon the consent in writing of the corporation counsel. The clerk of
the county where such notice is filed shall cancel such notice upon
receipt of such consent or of a certified copy of such order.
Section 26-527
§ 26-527 Liability for costs. Neither the city nor any officer or
employee thereof shall be liable for costs in any action or proceeding
brought pursuant to this chapter.
Section 26-528
§ 26-528 Monies recovered. All monies recovered under this chapter
shall be paid into the general fund of the city.
Section 26-529
§ 26-529 Remedies and penalties. The remedies and penalties provided
for herein shall be in addition to any other remedies and penalties
provided under other provisions of law.