Section 26-515. Recovery of possession

a. An owner seeking to recover
  possession pursuant to subparagraph (c) of paragraph nine of subdivision
  c of section 26-511 of this chapter shall notify the tenant in occupancy
  not more than one hundred fifty and not less  than  one  hundred  twenty
  days  prior  to  the  end  of  the tenant's lease term, by mail, of such
  owner's intention not to renew  such  lease  in  order  to  recover  the
  dwelling  unit for its charitable or educational purposes. The owner may
  give such notice within one hundred twenty days of the expiration of the
  tenant's lease term, provided it may not commence a  summary  proceeding
  to  recover the dwelling unit until the expiration of one hundred twenty
  days from the giving of such notice and,  provided,  further,  that  the
  tenant may remain in occupancy until the commencement of such proceeding
  at the same rent and upon the same terms and conditions as were provided
  in  his  or  her expired lease. The notice of intention not to renew the
  tenant's lease shall be accompanied by a notice on a form prescribed  by
  the  division  of  housing  and  community  renewal  setting  forth  the
  penalties to which an owner may be subject for his  or  her  failure  to
  utilize  the  tenant's  dwelling  unit for the charitable or educational
  purpose for which recovery of the dwelling unit is sought.
    b. If any  owner  who  recovers  a  dwelling  unit  pursuant  to  such
  subparagraph  (c),  or any successor in interest, utilizes such unit for
  purposes other than those permitted under such subparagraph,  then  such
  owner  or successor shall, unless for good cause shown, be liable to the
  removed tenant for three times the damages sustained on account of  such
  removal  plus  reasonable attorney's fees and costs as determined by the
  court, provided that such tenant  commences  such  action  within  three
  years  from  the  date of recovery of the unit. The damages sustained by
  such tenant shall be the difference between the rent paid by such tenant
  for the recovered dwelling unit, and the rental value  of  a  comparable
  rent  regulated  dwelling  unit  on  the open market. In addition to any
  other damage, the reasonable cost of removal of  the  tenant's  property
  shall be a lawful measure of damages.
    c.  Where  a  dwelling  unit  has  been  recovered  pursuant  to  such
  subparagraph (c) and within four years of such recovery is rented  to  a
  person  or  entity  for  purposes other than those permitted pursuant to
  such subparagraph (c), unless for good cause shown, the rent charged  by
  such  owner  or  any successor in interest for four years following such
  recovery shall not exceed the last regulated rent payable prior to  such
  recovery.
    d.  If  the  owner  is  found  by  the commissioner, to have recovered
  possession of a dwelling unit pursuant  to  such  subparagraph  (c)  and
  within  four  years  of  such  recovery  such  owner or any successor in
  interest shall have utilized such unit for  purposes  other  than  those
  permitted  pursuant  to  such  subparagraph  (c),  unless for good cause
  shown, the commissioner shall impose upon such  owner  or  successor  in
  interest, by administrative order after hearing, a civil penalty for any
  such violation. Such penalty shall be in an amount of up to one thousand
  dollars   for   each  offense.  Such  order  shall  be  deemed  a  final
  determination for the purposes of judicial  review.  Such  penalty  may,
  upon the expiration of the period for seeking review pursuant to article
  seventy-eight  of  the  civil  practice  law  and rules, be docketed and
  enforced in the manner of a judgment of the supreme court.
    * NB Expires April 1, 2012