Chapter 5 - UNLAWFUL EVICTION

Section 26-521

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

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

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

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

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

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

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

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

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.