N.Y. Comp. Codes R. & Regs. tit. 9 § 2206.8

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

Section 2206.8 - Civil action by tenant

(a) A tenant may bring an action against his landlord, in any court of competent jurisdiction, for a violation of subdivision a of section Y51-10.0 of the Rent Law:

(1) within two years from the date of occurrence of an overcharge,defined to mean the amount by which the consideration paid by a tenant to a landlord exceeds the applicable maximum rent;

(2) within one year after the landlord fails to pay a refund as ordered by the Division of Housing and Community Renewal, such time to be calculated from 33 days after the date of the issuance of the order or when the order becomes final, whichever is later; or

(3) in the case of an act proscribed by subdivision e of section Y51-10.0 of the Rent Law, within two years after knowledge of such statement or omission and consequent violation has been made known to the tenant or to the Division of Housing and Community Renewal.

(b) 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:

(1) such amount, not more than three times the amount of the overcharge or overcharges upon which the action is based, as the court in its discretion may determine; or

(2) an amount not less than $25; provided, however, that such amount shall be the amount of the overcharge or overcharges, or $25, 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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 2206.8