Unlawful Eviction

NYC Admin. Code tit. 26, ch. 5

in effect

NYC Admin. Code § 26-521 Unlawful eviction.

§ 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.

NYC Admin. Code § 26-522 Definitions.

§ 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.

NYC Admin. Code § 26-523 Criminal and civil penalties.

§ 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.

NYC Admin. Code § 26-524 Enforcement actions or proceedings.

§ 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.

NYC Admin. Code § 26-525 Lien.

§ 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.

NYC Admin. Code § 26-526 Notice of pendency.

§ 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.

NYC Admin. Code § 26-527 Liability for costs.

§ 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.

NYC Admin. Code § 26-528 Monies recovered.

§ 26-528 Monies recovered. All monies recovered under this chapter shall be paid into the general fund of the city.

NYC Admin. Code § 26-529 Remedies and penalties.

§ 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.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-47504Fetched: 10/24/2026