Note
Part heading reenacted by L 1992, c 50, pt of §2.
§514A-107 Enforcement. (a) Whenever the commission believes from satisfactory evidence that any person is violating or has violated any provision of this part or rules of the commission adopted pursuant thereto, it may conduct an investigation on the matter and bring an action in the name of the commission in any court of competent jurisdiction against the person to enjoin the person from continuing the violation or engaging therein or doing any act or acts in furtherance thereof.
(b) Before the commission brings an action in any court of competent jurisdiction pursuant to subsection (a) against any person who executed an affidavit pursuant to this part, it may consider whether the following extenuating circumstances affected the person's ability to comply with the law:
(1) Serious illness of any of the owner-occupants who executed the affidavit or any other person who was to or has occupied the residential apartment;
(2) Unforeseeable job or military transfer;
(3) Unforeseeable change in marital status, or change in parental status; or
(4) Any other unforeseeable occurrence subsequent to execution of the affidavit.
Thereafter, the commission may cease any further action and order release of any net proceeds held in abeyance.
(c) Any individual who executes an affidavit pursuant to this part and who subsequently sells or offers to sell, leases or offers to lease, rents or offers to rent, assigns or offers to assign, or otherwise transfers any interest in the residential apartment that the person obtained pursuant to this part, shall have the burden of proving his or her compliance with the requirements of this part.
(d) Upon request, the commission may require a verification of owner-occupancy from the presumed owner-occupant. In the event that the presumed owner-occupant fails to submit verification of continuing owner-occupancy, as defined in this section, because of sale, lease, assignment, or transfer, the presumed owner-occupant may also be subject to a fine in the amount equal to the profit made from the sale, assignment or transfer.
(e) The commission shall adopt rules, pursuant to chapter 91, to carry out the purposes of, and its responsibilities under, this part. [L 1980, c 189, pt of §2; am L 1985, c 164, §5; am L 1992, c 50, pt of §2; am L 2000, c 210, §9]
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