Legislation
SECTION 768
Unlawful eviction
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 7
§ 768. Unlawful eviction. 1. (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
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:
(i) using or threatening the use of force to induce the occupant to
vacate the dwelling unit; or
(ii) 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
(iii) 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 paragraph (a) of this
subdivision 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.
2. Criminal and civil penalties. (a) Any person who intentionally
violates or assists in the violation of any of the provisions of this
section 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 paragraph (b) of subdivision one of this
section, 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.
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
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:
(i) using or threatening the use of force to induce the occupant to
vacate the dwelling unit; or
(ii) 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
(iii) 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 paragraph (a) of this
subdivision 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.
2. Criminal and civil penalties. (a) Any person who intentionally
violates or assists in the violation of any of the provisions of this
section 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 paragraph (b) of subdivision one of this
section, 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.