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New York New York City Administrative Code(new) - Article 2 - § 27-2115 Imposition of Civil Penalty

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New York City Administrative Code(NEW) 
 
    §  27-2115  Imposition of civil penalty. (a) A person who violates any
  law relating to housing standards shall be subject to a civil penalty of
  not less  than  ten  dollars  nor  more  than  fifty  dollars  for  each
  non-hazardous violation, not less than twenty-five dollars nor more than
  one  hundred  dollars  and  ten  dollars  per  day  for  each  hazardous
  violation,  fifty  dollars  per  day  for  each  immediately   hazardous
  violation,  occurring  in  a  multiple dwelling containing five or fewer
  dwelling units, from the date  set  for  correction  in  the  notice  of
  violation  until  the  violation  is  corrected, and not less than fifty
  dollars nor more than one hundred fifty dollars and,  in  addition,  one
  hundred  twenty-five  dollars  per  day  for  each immediately hazardous
  violation, occurring in a multiple dwelling containing  more  than  five
  dwelling  units,  from  the  date  set  for  correction in the notice of
  violation until the violation is corrected.  A person wilfully making  a
  false  certification  of correction of a violation shall be subject to a
  civil penalty of not less than fifty dollars nor more than  two  hundred
  fifty  dollars  for each violation falsely certified, in addition to the
  other penalties herein provided.
    (b) The department shall serve a notice of violation upon  the  owner,
  his  or  her  agent  or other person responsible for its correction. The
  notice shall identify the  condition  constituting  the  violation,  the
  provision  of law applicable thereto, the department's order number, the
  classification of the violation according to its degree of  hazard,  the
  time  for certifying the correction of such violation, and the amount of
  the possible penalty. It shall also advise that the department will,  if
  requested, confer with the owner or his or her representative concerning
  the  nature  and  extent of the work to be done to insure compliance and
  the methods of financing such work. In any case where the provisions  of
  this section authorize the service of such notice by mail, the statement
  of  any  officer,  clerk,  or  agent  of  the  department,  or of anyone
  authorized  by  the  department  to  mail  such  notice  of   violation,
  subscribed  and  affirmed  by such person as true under the penalties of
  perjury, which describes the mailing procedure used by  the  department,
  or  by  the  department's  mailing  vendor,  or  which states that these
  procedures were in operation during the course of mailing  a  particular
  cycle  of  notices  of  violation,  shall  be  admitted into evidence as
  presumptive evidence that a regular and systematic mailing procedure  is
  followed  by the department for the mailing of its notices of violation.
  Where the department introduces into evidence the business records which
  correspond to the various stages of the mailing of a particular cycle of
  notices of violation, pursuant to subdivision  (c)  of  rule  forty-five
  hundred eighteen of the civil practice law and rules, then a presumption
  shall  have  been established that the mailing procedure was followed in
  the case of such cycle, and that such notice of violation has been  duly
  served.
    (c)  The said notice of violation shall also specify the date by which
  each violation shall be corrected. Such date shall be:
    (1) ninety days from the date of mailing of the notice in the case  of
  non-hazardous  violations;  (2)  thirty days from the date of mailing of
  the notice in the case of  hazardous  violations;  and  (3)  twenty-four
  hours  in the case of immediately hazardous violations in which case the
  notice shall be served by personal delivery to a person in charge of the
  premises or to the person last registered with the city as the owner  or
  agent, or, by registered or certified mail, return receipt requested, to
  the  person  in  charge of the premises or to the person last registered
  with the department as  the  owner  or  agent;  provided  that  where  a
  managing  agent has registered with the department, such notice shall be
  served on the managing agent. Service of  the  notice  shall  be  deemed

  completed  five  days  from  the  date  of  mailing.  The department may
  postpone the date by  which  a  violation  shall  be  corrected  upon  a
  showing,  made  within  the  time set for correction in the notice, that
  prompt  action  to  correct  the  violation has been taken but that full
  correction cannot be completed  within  the  time  provided  because  of
  technical  difficulties, inability to obtain necessary materials, funds,
  or labor, or inability to gain access to the dwelling unit  wherein  the
  violation  occurs or such other part of the building as may be necessary
  to make the required  repair.  In  the  case  of  immediately  hazardous
  violations  such  showing must be made prior to the close of business on
  the next full day the department is open following the  period  set  for
  correction.  The  department  may  condition  such postponement upon the
  applicant's written agreement to correct all violations  placed  against
  the  premises by the department or other appropriate governmental agency
  and to satisfy within an appropriate period of time, all sums  owing  to
  the  department  for  repairs  made to said premises. The department may
  require  such  other  conditions  as  are  deemed  necessary  to  insure
  correction  of  the  violations within the time set by the postponement.
  The department shall prepare a written statement signed and dated by the
  person  making  such  decision  setting  forth  the  reasons   for   the
  postponement  of the date by which a violation shall be corrected or the
  reason for the denial of such  application  for  postponement  and  said
  written statement shall be part of the record of the department.
    (d)  On  or  before September first, nineteen hundred seventy-two, the
  department shall classify all violations of the multiple  dwelling  law,
  the  housing  maintenance code and other applicable state and local laws
  as  non-hazardous,  hazardous  and  immediately  hazardous,  secure  the
  approval  thereof  by  the  advisory  council to the housing part of the
  civil court of the city of New York and publish such  classification  in
  the City Record. Such classification shall be based on the effect of the
  violation  upon  the  life,  health  or  safety  of the occupants of the
  building and upon the public.  After  October  first,  nineteen  hundred
  seventy-two   and   prior   to   October   fifteenth,  nineteen  hundred
  seventy-two, the department shall hold a public hearing on the  proposed
  classifications. Notice of such public hearing shall be published in the
  City  Record  not  less  than  thirty  days prior to the hearing. Within
  fifteen days after the conclusion of the said  hearing,  the  department
  shall  forward  to  the  advisory  council  the  list with such proposed
  changes as it may recommend for their approval. Within ten days  of  the
  receipt  of  such list, the advisory council shall advise the department
  as to which changes they have approved. The department shall  thereupon,
  within  five  days,  cause  the list, together with such changes as have
  been approved to be published once each week for two successive weeks in
  the City Record. Any person who may be aggrieved as an owner  or  tenant
  may,  within  thirty days of such first publication seek a review of the
  department's action,  provided  that  no  such  review  shall  stay  the
  effectiveness  of  such list or the operation of the housing part of the
  civil court of the city of New York. Thereafter, and from time to  time,
  the  department  may  modify  the list with the approval of the advisory
  council after publication,  and  public  hearing  as  provided  for  the
  original list.
    (e) In the event the department fails to promulgate such list as above
  provided,  or  to  take any step in connection therewith within the time
  provided, the administrative judge of the civil court and  the  judicial
  conference  may  take  such  action as they deem necessary to insure the
  establishment of the housing part of the New York city civil  court  and
  its  operation  on  April  first,  nineteen  hundred  seventy-three,  as
  provided by law.

    (f) (1) The notice of violation shall direct that when any  violations
  of  a particular class have been corrected, they may be certified at one
  time to the department or, in the alternative,  each  violation  may  be
  separately and independently certified. Such certification shall be made
  in  writing, under oath by the registered owner, a registered officer or
  director of a corporate owner or by the registered managing agent except
  that, in the alternative, such certification  may  be  submitted  in  an
  electronic  form  in  accordance  with the rules of the department which
  shall  provide  a  mechanism  for  authenticating  the  source  of   the
  electronic  submission;  the department shall be required to accept such
  electronic submissions if submitted in accordance with such rules on and
  after the effective date of the local law that  added  these  provisions
  authorizing  such  electronic  submissions.  Such certification shall be
  delivered  to  the  department   in   person   or   electronically   and
  acknowledgement  of  receipt therefor obtained or shall be mailed to the
  department by certified or registered mail, return receipt requested, no
  later than fourteen days after the date set for correction in  the  case
  of  non-hazardous  and hazardous violations, and no later than five days
  after the date set for correction in the case of  immediately  hazardous
  violations,   and  shall  include  the  date  when  each  violation  was
  corrected. Such certification of correction  shall  be  supported  by  a
  sworn  statement,  which  may  be  submitted  in  an  electronic form in
  accordance with the rules of the department, by the person who performed
  the work if performed by an employee or agent of the owner.
    (2) A copy of such certification shall then be mailed  not  more  than
  twelve  calendar  days  from  the date of receipt of notification to any
  complainant by the department.
    (3) Such violation shall be deemed corrected  seventy  days  from  the
  date  of  receipt  of  such  certification  by the department unless the
  department has determined by a reinspection made within such period that
  the violation still  has  not  been  corrected  and  has  recorded  such
  determination  upon its records and has notified the person who executed
  the certification by registered or certified mail to the address  stated
  in  the  certification  that  it  has  been  set  aside  and the reasons
  therefor; a copy of such notice shall be sent to the complainant.
    (4) If the department does not inspect the premises after notification
  by the complainant that a violation has not been corrected,  any  tenant
  affected  by  such  false certification shall have the right to apply to
  the court for a determination of violation as  provided  in  subdivision
  (h)  of  this  section, at which time the court shall assess appropriate
  penalties  as  provided  in  this  section  for   any   wilfully   false
  certification it finds.
    (5)  Upon  receipt of notice that the certification has been set aside
  the owner or his or her agent shall then have a right to  apply  to  the
  court  for  a determination that such violation was corrected. Notice of
  such right shall appear on each notice that a certification has been set
  aside.
    (6) Notwithstanding the foregoing, in the event an  owner  files  with
  his  or  her  certification  a  copy  of a contract of sale or letter of
  commitment for a mortgage or refinancing  of  a  mortgage  covering  the
  premises and further certifies that such sale or mortgage transaction is
  to  occur  within one hundred days of such certification, such violation
  shall be deemed corrected thirty days from the date of receipt  of  such
  certification by the department, unless the department has determined by
  reinspection  made  within  such period that the violation still has not
  been corrected, has recorded such determination upon its records and has
  given notice of such determination to  the  owner,  and  has  thereafter
  brought an action within thirty days to set aside such certification, to

  impose  a  penalty  for  false  certification  and to collect such other
  penalties as  have  accrued,  provided  that  in  all  such  cases,  the
  department shall make such reinspection.
    (7) Failure to file such certification of compliance shall establish a
  prima facie case that such violation has not been corrected.
    (g)  When  there  are  a  number  of  separate  instances  of a single
  condition which violates any housing standard established by  law,  such
  separate  instances  shall be treated collectively as a single violation
  with respect to any one dwelling unit, or with  respect  to  the  public
  area  of  a  building,  but  nothing contained in this subdivision shall
  limit the number of violations for which a penalty  under  this  section
  may  be  collected with respect to each dwelling unit or the public area
  of a building.
    (h) (1) Should the department fail to issue a notice of violation upon
  the request of a tenant or group of tenants within thirty  days  of  the
  date  of  such request, or if there is a notice of violation outstanding
  respecting the premises in which the tenant or group of tenants resides,
  or, if there is a claim of  harassment  pursuant  to  subdivision  d  of
  section 27-2005 of this chapter, the tenant or any group of tenants, may
  individually or jointly apply to the housing part for an order directing
  the  owner  and  the  department  to appear before the court. Such order
  shall be issued at the discretion of the court for good cause shown, and
  shall be served as the court may direct. If the court finds a  condition
  constituting  a  violation  exists, it shall direct the owner to correct
  the violation and, upon failure  to  do  so  within  the  time  set  for
  certifying  the correction of such violation pursuant to subdivision (c)
  of  this  section,  it  shall  impose  a  penalty  in  accordance   with
  subdivision  (a) of this section. Nothing in this section shall preclude
  any  person  from  seeking  relief  pursuant  to  any  other  applicable
  provision of law.
    (2)(i)  Notwithstanding  the  provisions  of  paragraph  one  of  this
  subdivision, where one or more allegations  of  harassment  pursuant  to
  subparagraphs  b,  c  and  g of paragraph 48 of subdivision a of section
  27-2004 of this chapter is made, to the extent that any such  allegation
  is  based  on  physical  conditions of a dwelling or dwelling unit, such
  allegation must be based at least in part on one or more  violations  of
  record  issued  by  the  department  or  any  other  agency.  Where  any
  allegation of harassment is based on more than one  physical  condition,
  the  existence  of  at least one violation of record with respect to any
  such  physical  condition  shall  be  deemed  sufficient  to  meet   the
  requirements of this paragraph.
    (ii) The provisions of subparagraph i of this paragraph shall apply to
  any  counterclaim  or defense presented by a tenant in any proceeding in
  the housing part of the civil court if such counterclaim or  defense  is
  based on one or more allegations of harassment. In the event there is no
  violation  of  record  with  respect  to at least one physical condition
  alleged by such tenant such counterclaim or defense shall  be  dismissed
  without prejudice.
    (i) In the event an owner fails to correct a violation within the time
  specified  in  a notice of violation sent to the owner, his or her agent
  or other person responsible for its correction pursuant  to  subdivision
  (b)  of  this section, or within any additional time granted pursuant to
  subdivision (c) of this section, and no certification of correction with
  respect to such violation has been filed by the  owner  or  his  or  her
  registered   managing   agent  in  accordance  with  the  provisions  of
  subdivision (f) hereof, then at any time after thirty days have  elapsed
  from the date such violation was to be corrected, any tenant or group of
  tenants   who   requested   that  the  violation  be  issued  may  apply

  individually or jointly, to the housing part for an order directing  the
  owner and the department to appear before the court. Where the violation
  is  hazardous or immediately hazardous, the thirty-day requirement shall
  be waived. Said order shall be issued by the court for good cause shown.
  If  the court finds that the violation has not been corrected, that more
  than thirty days have elapsed since the time to correct same has expired
  where a  violation  is  non-hazardous,  and  that  no  certification  of
  correction   has  been  filed  in  accordance  with  the  provisions  of
  subdivision (f) hereof, then it shall direct the owner  to  correct  the
  violation  and  shall assess penalties as provided in subdivision (a) of
  this section.
    (j) If a tenant seeks an order directing the owner and the  department
  to  appear  before  the court pursuant to subdivision (h) or (i) of this
  section, the court may allow service of  the  order  by  the  tenant  by
  certified or registered mail, return receipt requested.
    (k)  (1)  (i) Notwithstanding any other provision of law, a person who
  violates section 27-2028, subdivision  a  of  section  27-2029,  section
  27-2031  or  section 27-2032 of this chapter shall be subject to a civil
  penalty of not less than two hundred fifty nor more  than  five  hundred
  dollars  per  day  for  each  violation  from and including the date the
  notice is affixed pursuant to paragraph two of  this  subdivision  until
  the  date  the violation is corrected and not less than five hundred nor
  more than one thousand dollars per day for each subsequent violation  of
  such  sections  at  the  same  dwelling or multiple dwelling that occurs
  within two consecutive calendar years or, in the case of  subdivision  a
  of  section  27-2029,  during  two  consecutive periods of October first
  through May thirty-first. A person who violates subdivision b of section
  27-2029 of  this  chapter  shall  be  subject  to  a  civil  penalty  of
  twenty-five  dollars  per  day from and including the date the notice is
  affixed pursuant to paragraph two of this subdivision until the date the
  violation is corrected but not less than  one  thousand  dollars.  There
  shall  be  a  presumption  that  the  condition constituting a violation
  continues after the affixing of the notice.
    (ii) Notwithstanding  the  provisions  of  subparagraph  (i)  of  this
  paragraph  and  section 27-2116 of this chapter, the civil penalties set
  forth in subparagraph (i) of this paragraph shall  be  deemed  satisfied
  for  a  first  violation  of  section  27-2028, subdivision a of section
  27-2029, section 27-2031 or section 27-2032 of this chapter if a notice,
  in a form prescribed by the department, that  such  violation  has  been
  corrected  by  the  owner  or  an  agent or employee of the owner within
  twenty-four hours of the  affixing  of  the  notice  of  such  violation
  pursuant  to  paragraph  two  of  this subdivision, and a payment of two
  hundred fifty dollars, are submitted to the department within  ten  days
  of  affixing  the notice of such violation. A person who submits a false
  notice of correction shall be subject to a civil  penalty  of  not  less
  than  two  hundred fifty dollars for each false notice of correction, in
  addition to the other  penalties  herein  provided.  If  the  notice  of
  correction  and payment are not received within such ten-day period then
  the penalties set forth in subparagraph (i) of this paragraph  shall  be
  applicable  to  such  violations  and  the  department  may  commence  a
  proceeding for an order to correct and  to  recover  such  penalties  in
  accordance  with  this  section  and  section 27-2116 of this chapter. A
  person who has  violated  section  27-2028,  subdivision  a  of  section
  27-2029,  section  27-2031 or section 27-2032 of this chapter may allege
  as a  defense  or  in  mitigation  of  liability  for  civil  penalties,
  compliance  with  the  notice  of correction and payment requirements of
  this subparagraph in any proceeding brought by  the  department  seeking
  civil  penalties  under  this subdivision. The process for submission of

  the notice of correction and payment  set  forth  in  this  subparagraph
  shall  not  be  available  if  a  violation  of section 27-2028, section
  27-2031 or section 27-2032 of this chapter occurred at the same dwelling
  or  multiple  dwelling during the prior calendar year or, in the case of
  subdivision a of section 27-2029 of this chapter, if a violation of such
  subdivision occurred at the same dwelling or  multiple  dwelling  during
  the prior period of October first through May thirty-first.
    (iii) Notwithstanding any other provision of law, within five business
  days  from  the  date  of  receipt  of  the  notice of correction by the
  department, the department shall mail to the occupant  of  any  dwelling
  unit for which such violation was issued notification that the owner has
  submitted a notice of correction for such violation. The notification to
  the  occupant  shall  include  information  on  when  the  violation was
  reportedly corrected and how the occupant may object to such  notice  of
  correction.  In  addition,  the  provisions  of  paragraphs  4  and 5 of
  subdivision f of this section shall also be applicable to  a  notice  of
  correction  submitted  in  compliance  with  subparagraph  (ii)  of this
  paragraph.
    (iv) Notwithstanding any other provision of law, a person  who,  after
  inspection  by  the  department,  is  issued  an  immediately  hazardous
  violation for a third or any subsequent violation  of  section  27-2028,
  section  27-2031 or section 27-2032 of this chapter at the same dwelling
  or multiple dwelling within the same calendar year or, in  the  case  of
  subdivision  a  of section 27-2029 of this chapter, at the same dwelling
  or multiple dwelling within the same period of October first through May
  thirty-first, shall be subject to a fee of two hundred dollars for  each
  inspection that results in the issuance of such violation as well as any
  civil penalties that may be due and payable for the violation, provided,
  however,  that such fee shall not be applicable to inspections performed
  in a multiple dwelling that is included in the  alternative  enforcement
  program  pursuant to article ten of subchapter five of this chapter. All
  fees that remain unpaid shall constitute a  debt  recoverable  from  the
  owner  and a lien upon the premises, and upon the rents and other income
  thereof. The provisions of article eight  of  subchapter  five  of  this
  chapter shall govern the effect and enforcement of such debt and lien.
    (2)  Notwithstanding  any other provision of law, the department shall
  serve a notice upon  the  owner,  his  or  her  agent  or  other  person
  responsible  for the correction of violations by affixing such notice in
  a conspicuous place on the  premises.  The  notice  shall  identify  the
  condition  constituting  the  violation, the provision of law applicable
  thereto, the date  the  violation  was  reported  and  set  the  penalty
  attendant thereto.
    (3)  Notwithstanding  any  other  provision of law, the owner shall be
  responsible for the correction of  all  violations  placed  pursuant  to
  article eight of subchapter two of this code, but in an action for civil
  penalties  pursuant to this article may in defense or mitigation of such
  owner's liability for civil penalties show:
    (i) That the condition which constitutes the violation did  not  exist
  at the time the violation was placed; or
    (ii)  That  he or she began to correct the condition which constitutes
  the violation promptly upon discovering  it  but  that  full  correction
  could  not be completed expeditiously because of technical difficulties,
  inability to obtain necessary materials, funds or labor, or inability to
  gain access to the dwelling unit wherein the violation occurs,  or  such
  other  portion of the building as might be necessary to make the repair;
  or

    (iii) That he or  she  was  unable  to  obtain  a  permit  or  license
  necessary  to  correct  the violation, provided that diligent and prompt
  application was made therefor; or
    (iv)  That  the  violation giving rise to the action was caused by the
  act or negligence, neglect or abuse of another  not  in  the  employ  or
  subject to the direction of the owner; or
    (v)  That  in addition to any other defense or mitigation set forth in
  subparagraphs (i) through (iv) of this paragraph,  with  respect  to  an
  owner  who  may  be subject to the penalty of not less than five hundred
  nor more than one thousand dollars per day with respect to a  subsequent
  violation  pursuant  to paragraph one of this subdivision, documentation
  of prompt and diligent efforts to correct the conditions that gave  rise
  to  an  initial violation and that such conditions were corrected. Where
  demonstrated, such subsequent violation shall be treated  as  though  it
  was an initial violation. However, this defense or mitigation may not be
  asserted  or  demonstrated  where  the initial and subsequent violations
  occurred in the same calendar year or, in  the  case  of  violations  of
  subdivision  a  of  section  27-2029,  during the same period of October
  first through May thirty-first.
    Where the aforesaid allegations are  made  by  way  of  mitigation  of
  penalties, the owner shall show, by competent proof, pertinent financial
  data,  and efforts made to obtain necessary materials, funds or labor or
  to gain access, or to obtain a permit or license and such other evidence
  as the court may require.
    If the court finds that sufficient mitigating circumstances exist,  it
  may  remit  all or part of any penalties arising from the violation, but
  may condition such remission upon a correction of the violation within a
  time period fixed by the court.
    (l)(1) Notwithstanding any other provision of law, when the department
  serves a notice of violation to correct and  certify  a  condition  that
  constitutes  a  violation  of article fourteen of subchapter two of this
  chapter, the notice of violation shall specify the  date  by  which  the
  violation  shall  be  corrected,  which  shall  be twenty-one days after
  service of the notice of violation,  and  the  procedure  by  which  the
  owner,  for good cause shown pursuant to this subdivision, may request a
  postponement. The notice of violation shall  further  specify  that  the
  violation  shall  be  corrected  in  accordance  with the work practices
  established in accordance with section  27-2056.11  of  this  code.  The
  notice  of violation shall be served by personal delivery to a person in
  charge of the premises  or  to  the  person  last  registered  with  the
  department  as  the  owner or agent, or by registered or certified mail,
  return receipt requested, or by certified mail with proof  of  delivery,
  to the person in charge of the premises or to the person last registered
  with  the  department  as  the  owner  or  agent;  provided that where a
  managing agent has  registered  with  the  department,  such  notice  of
  violation  shall  be served on the managing agent. Service of the notice
  of violation shall be deemed completed  three  days  from  the  date  of
  mailing.  Notification, in a form to be determined by the department, of
  the issuance of such violation shall be sent simultaneously  by  regular
  mail  to  the  occupant at the dwelling unit that is the subject of such
  notice of violation. The department may postpone the  date  by  which  a
  violation  shall  be  corrected upon a showing, made within the time set
  for correction  in  the  notice,  that  prompt  action  to  correct  the
  violation  has  been  taken but that full correction cannot be completed
  within the time provided  because  of  serious  technical  difficulties,
  inability  to  obtain  necessary materials, funds or labor, inability to
  gain access to the dwelling unit wherein the violation exists,  or  such
  other  portion  of the building as may be necessary to make the required

  repair. Such postponement shall not exceed fourteen days from  the  date
  of  correction  set forth in the notice of violation. The department may
  require  such  other  conditions  as  are  deemed  necessary  to  insure
  correction  of  the violations within the time set for the postponement.
  The department may grant one additional postponement  of  no  more  than
  fourteen  days for the reasons authorized by this section so long as the
  paint or other condition which is the subject of the violation has  been
  stabilized.  The  department  is  also  authorized  to  promulgate rules
  establishing criteria for a postponement of the time to  correct  for  a
  longer  period  of  time where such postponement is requested because of
  one or more substantial capital improvements will  be  made  that  will,
  when completed, significantly reduce the presence of lead-based paint in
  such multiple dwelling or dwelling unit including, but not limited to, a
  requirement  that  the  paint  which  is the subject of the violation is
  stabilized. The department shall provide to the owner and the occupant a
  written statement signed and dated by the person  making  such  decision
  setting  forth  the reasons for each postponement of the date by which a
  violation shall be corrected or  the  reason  for  the  denial  of  such
  application  for a postponement. Said written statement shall be part of
  the records of the department.
    (2)  Notwithstanding  any  other  provision  of  law,  the  notice  of
  violation  shall  direct  that  the  correction  of each violation cited
  therein shall be certified to the department. Such  certification  shall
  be  made  in  writing,  under oath by the registered owner, a registered
  officer or director of a corporate owner or by the  registered  managing
  agent.  Such  certification shall include a statement that the violation
  was corrected in compliance with  paragraph  one  of  subdivision  a  of
  section  27-2056.11  of  this  code  and  shall  include  a  copy of the
  lead-contaminated dust clearance test results. All certifications  shall
  be  delivered  to  the department and acknowledgment of receipt therefor
  obtained or shall be mailed to the department by certified or registered
  mail, return receipt requested, no later than five days after  the  date
  set  for  correction, and shall include the date when each violation was
  corrected. Such certification of correction  shall  be  supported  by  a
  sworn  statement by the person who performed the work if performed by an
  employee or agent of the owner. A copy of such  certification  shall  be
  mailed  to  the  complainant by the department not more than twelve full
  calendar days from the date of receipt  of  such  certification  by  the
  department.   Failure to file such certification shall establish a prima
  facie case that such violation has not been corrected.
    (3) Whenever the department shall  issue  a  notice  of  violation  to
  correct a condition that constitutes a violation of section 27-2056.6 of
  article fourteen of subchapter two of this chapter, the department shall
  within  fourteen  days  after  the  date  set for the correction of such
  violation conduct a final inspection to verify that  the  violation  has
  been  corrected.  Where,  upon  conducting an inspection, the department
  determines that a violation has not been corrected, the department shall
  correct  such  violation  within  forty-five  additional  days  of  such
  inspection or in such shorter time as is practicable.
    (4)  Notwithstanding  any other provision of law, the department shall
  not remove a violation from its records nor shall it be deemed that such
  violation has been  corrected  unless  the  records  of  the  department
  contain  written  verification that the department has conducted a final
  inspection of the premises and that such inspection  verifies  that  the
  violation  has  been  corrected,  and  copies  of lead-contaminated dust
  clearance test results whenever such tests are  required  by  applicable
  law, rule or regulation. A copy of the report of the final inspection of

  a  dwelling  unit  and  the  status  of the violation shall be mailed or
  delivered to the occupant and the owner.
    (5)  Notwithstanding  any  other  provision  of law, a person making a
  false certification of correction of  a  violation  issued  pursuant  to
  article  14  of  subchapter  2 of this chapter, in addition to any other
  civil penalty, shall be subject to a civil penalty of not less than  one
  thousand  dollars  nor  more  than three thousand dollars for each false
  certification made, recoverable by the  department  in  a  civil  action
  brought  in a court of competent jurisdiction. If the person making such
  false certification is an employee of the owner then such owner shall be
  responsible for such civil penalty. In addition, any such person  making
  a  false  certification  of  correction shall be guilty of a misdemeanor
  punishable by a fine of up to one thousand dollars or  imprisonment  for
  up to one year or both.
    (6)  Notwithstanding any other provision of law, a person who violates
  article fourteen of subchapter two of this chapter by failing to correct
  such violation in accordance with paragraph  one  of  subdivision  a  of
  section  27-2056.11  of this code shall be subject to a civil penalty of
  two hundred fifty dollars per day for each violation to a maximum of ten
  thousand dollars from the initial date set for correction in the  notice
  of  violation until the date the violation is corrected and certified to
  the department, and in addition to any  civil  penalty  shall,  whenever
  appropriate,  be  punished  under  the  provisions  of  article three of
  subchapter five of this code. There shall  be  a  presumption  that  the
  condition  constituting  a  violation continues after the service of the
  notice of violation. The owner shall be responsible for  the  correction
  of all violations noticed pursuant to article fourteen of subchapter two
  of  this  chapter, but in an action for civil penalties pursuant to this
  subdivision may in defense or mitigation of such owner's  liability  for
  civil penalties show:
    (i)  That  the condition which constitutes the violation did not exist
  at the time the violation was placed; or
    (ii) That he or she began to correct the condition  which  constitutes
  the  violation  promptly  upon  discovering  it but that full correction
  could not  be  completed  expeditiously  because  of  serious  technical
  difficulties,  inability  to obtain necessary materials, funds or labor,
  or inability to gain access to the dwelling unit wherein  the  violation
  exists,  or  such other portion of the building as might be necessary to
  make the repair, provided that a postponement was  granted  pursuant  to
  this subdivision; or
    (iii)  That  he  or  she  was  unable  to  obtain  a permit or license
  necessary to correct the violation, provided that  diligent  and  prompt
  application was made therefor; or
    (iv)  That  the  violation giving rise to the action was caused by the
  act of negligence, neglect or abuse of another  not  in  the  employ  or
  subject  to  the  direction of the owner, except that the owner shall be
  precluded  from  showing  in  defense  or  mitigation  of  such  owner's
  liability   for   civil   penalties  evidence  of  any  acts  occurring,
  undertaken, or performed by any predecessor in title prior to the  owner
  taking control of the premises. Where the aforesaid allegations are made
  by  way  of  mitigation of penalties, the owner shall show, by competent
  proof, pertinent financial data and efforts  made  to  obtain  necessary
  materials,  funds  or  labor or to gain access, or to obtain a permit or
  license and such other evidence as the court may require.
    If the court finds that sufficient mitigating circumstances exist,  it
  may  remit all or part of any penalties arising from the violations, but
  may condition such remission upon a correction of the violation within a
  time period fixed by the court.

    (7) Notwithstanding  any  other  provision  of  law,  failure  by  the
  department  to  comply  with  any  time  period provided in this section
  relating to responsibilities of the department shall not render null and
  void any notice of violation issued by the department or the  department
  of  health  and  mental hygiene pursuant to such article or section, and
  shall not provide a basis  for  defense  or  mitigation  of  an  owner's
  liability for civil penalties for violation of such article.
    (m)(1)  Notwithstanding  any  other  provision  of law, a violation of
  subdivision d of section 27-2005  of  this  code  shall  be  a  class  c
  immediately  hazardous  violation  and  a  penalty  shall  be imposed in
  accordance with this section, provided,  however,  that  such  violation
  shall  not be deemed a continuing class c violation of record beyond the
  time that the conduct constituting such violation occurred.
    (2) If a  court  of  competent  jurisdiction  finds  that  conduct  in
  violation  of  subdivision  d  of  section  27-2005  of this chapter has
  occurred, it may determine that a class c violation existed at the  time
  that  such  conduct  occurred. Notwithstanding the foregoing, such court
  may also issue an order restraining  the  owner  of  the  property  from
  violating  such  subdivision  and  direct  the  owner  to ensure that no
  further violation occurs, in accordance with  section  27-2121  of  this
  chapter.  Such  court shall impose a civil penalty in an amount not less
  than one thousand dollars and not more than five  thousand  dollars  for
  each  dwelling unit in which a tenant or any person lawfully entitled to
  occupancy of such unit has been the subject of such violation, and  such
  other  relief as the court deems appropriate. It shall be an affirmative
  defense  to  an  allegation  by  a  tenant  of  the  kind  described  in
  subparagraphs  b,  c  and g of paragraph forty-eight of subdivision a of
  section 27-2004 of this chapter  that  (i)  such  condition  or  service
  interruption  was  not intended to cause any lawful occupant to vacate a
  dwelling unit or waive or surrender  any  rights  in  relation  to  such
  occupancy, and (ii) the owner acted in good faith in a reasonable manner
  to  promptly  correct  such condition or service interruption, including
  providing notice to all affected lawful occupants of such efforts, where
  appropriate.
    (3) An owner may seek an order by the court enjoining  a  tenant  from
  initiating  any further judicial proceedings against such owner pursuant
  to this section claiming harassment without prior leave of the court  if
  (i)  within  a  ten-year  period  such tenant has initiated two judicial
  proceedings  pursuant  to  this  section  against  such  owner  claiming
  harassment  that  have  been dismissed on the merits and (ii) a third or
  subsequent proceeding  initiated  by  such  tenant  against  such  owner
  pursuant to this section claiming harassment during such ten-year period
  is  determined  at  the time of its adjudication to be frivolous. Except
  for an order  on  consent  such  order  may  be  sought  by  such  owner
  simultaneously  with  the  adjudication  of  such  third  or  subsequent
  judicial proceeding.
    (4) Where the court determines that a claim of harassment by a  tenant
  against  an  owner  is so lacking in merit as to be frivolous, the court
  may award attorneys fees to such owner in an amount to be determined  by
  the court.
    (5)  Nothing  in paragraphs three or four of this subdivision shall be
  construed to affect or limit any other claims or rights of the parties.
    n. The provisions of subdivision d of section 27-2005 of this chapter,
  subdivision m of this section and subdivision b of  section  27-2120  of
  this  chapter  shall  not  apply  where  a  shareholder  of  record on a
  proprietary lease for a dwelling unit, the owner of record of a dwelling
  unit owned as a condominium, or those lawfully entitled to  reside  with
  such shareholder or record owner, resides in the dwelling unit for which

  the  proprietary lease authorizes residency or in such condominium unit,
  as is applicable, or to private dwellings.
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