(1) during the period within which a petition may be filed in the supreme court pursuant to leave granted under the third paragraph of this subdivision with respect to such provision;

(2) during the pendency of any administrative proceeding before the city housing rent agency properly commenced by the defendant prior to the institution of the proceeding under subdivision ten of this section, setting forth objections to the validity of such provision which the court finds to have been made in good faith; and

(3) during the pendency of any judicial proceeding instituted by the defendant under this subdivision with respect to such administrative proceeding or instituted by the defendant under the third paragraph of this subdivision with respect to such provision, and until the expiration of the time allowed in this subdivision for the taking of further proceedings with respect thereto. Notwithstanding the provisions of the immediately preceding paragraph, stays shall be granted thereunder in civil proceedings only after judgment and upon application made within five days after judgment. Notwithstanding the provisions of the third paragraph of this subdivision, in the case of a proceeding under the first paragraph of subdivision ten of this section the court granting a stay under the immediately preceding paragraph of this subdivision shall issue a temporary injunction or restraining order enjoining or restraining, during the period of the stay, violations by the defendant of any provision of the regulation or order involved in the proceeding. If any provision of a regulation or order is determined to be invalid by judgment of the supreme court which has become effective in accordance with the second paragraph of this subdivision, any proceeding pending in any court shall be dismissed, and any judgment in such proceeding vacated, to the extent that such proceeding or judgment is based upon violation of such provision. Except as provided in this paragraph, the pendency of any administrative proceeding before the city housing rent agency or judicial proceeding under this subdivision shall not be grounds for staying any proceeding brought pursuant to subdivision ten of this section; nor, except as provided in this paragraph, shall any retroactive effect be given to any judgment setting aside a provision of a regulation or order. The method prescribed herein for the judicial review of a regulation or order of the city housing rent agency shall be exclusive. 9. Prohibitions. (a) It shall be unlawful, regardless of any contract, lease or other obligation heretofore or hereafter entered into, for any person to demand or receive any rent for any housing accommodations in excess of the maximum rent established therefor by the temporary state housing rent commission or the city housing rent agency or otherwise to do or omit to do any act, in violation of any regulation, order or requirement of the city housing rent agency hereunder or under any local law adopted pursuant to subdivision five of this section or to offer, solicit, attempt or agree to do any of the foregoing.

(b) It shall be unlawful for any person to remove or attempt to remove from any housing accommodations the tenant or occupant thereof or to refuse to renew the lease or agreement for the use of such accommodations, because such tenant or occupant has taken, or proposes to take, action authorized or required by the state emergency housing rent control law or any local law adopted pursuant to subdivision five of this section or any regulation, order or requirement thereunder.

(c) It shall be unlawful for any officer or employee of the city housing rent agency or for any official adviser or consultant to the city housing rent agency to disclose, otherwise than in the course of official duty, any information obtained under this section, or to use any such information for personal benefit.

(d) It shall be unlawful for any landlord or any person acting on his behalf, with intent to cause the tenant to vacate, to engage in any course of conduct (including, but not limited to, interruption or discontinuance of essential services) which interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodations. 10. Enforcement. (a) Whenever in the judgment of the city housing rent agency any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of any provision of subdivision nine of this section, the city housing rent agency may make application to the supreme court for an order enjoining such acts or practices, or for an order enforcing compliance with such provision, or for an order directing the landlord to correct the violation, and upon a showing by the city housing rent agency that such person has engaged or is about to engage in any such acts or practices a permanent or temporary injunction, restraining order, or other order shall be granted without bond. Jurisdiction shall not be deemed lacking in the supreme court because the defense is based upon an order of an inferior court.

(b) Any person who wilfully violates any provision of subdivision nine of this section, and any person who makes any statement or entry false in any material respect in any document or report required to be kept or filed under any local law adopted pursuant to subdivision five of this section or any regulation, order, or requirement thereunder, and any person who wilfully omits or neglects to make any material statement or entry required to be made in any such document or report, shall, upon conviction thereof, be subject to a fine of not more than five thousand dollars, or to imprisonment for not more than two years in the case of a violation of paragraph (c) of subdivision nine of this section and for not more than one year in all other cases, or to both such fine and imprisonment. Whenever the city housing rent agency has reason to believe that any person is liable to punishment under this paragraph, the city housing rent agency may certify the facts to the district attorney of any county having jurisdiction of the alleged violation, who shall cause appropriate proceedings to be brought.

(c) Any court shall advance on the docket and expedite the disposition of any criminal or other proceedings brought before it under this subdivision.

(d) No officer or employee of the city housing rent agency shall be held liable for damages or penalties in any court, on any grounds for or in respect of anything done or omitted to be done in good faith pursuant to any provision of the state emergency housing rent control law or any local law adopted pursuant to subdivision five of this section or any regulation, order, or requirement thereunder, notwithstanding that subsequently such provision, regulation, order, or requirement may be modified, rescinded, or determined to be invalid. In any action or proceeding wherein a party relies for ground of relief or defense or raises issue or brings into question the construction or validity of such local law or any regulation, order, or requirement thereunder, the court having jurisdiction of such action or proceeding may at any stage certify such fact to the city housing rent agency. The city housing rent agency may intervene in any such action or proceeding.

(e) If any landlord who receives rent from a tenant violates a regulation or order of the temporary state housing rent commission or the city housing rent agency prescribing the maximum rent with respect to the housing accommodations for which such rent is received from such tenant, the tenant paying such rent may, within two years from the date of the occurrence of the violation, except as hereinafter provided, bring an action against the landlord on account of the overcharge as hereinafter defined. In such action, the landlord shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (a) such amount not more than three times the amount of the overcharge, or the overcharges, upon which the action is based as the court in its discretion may determine, or (b) an amount not less than twenty-five dollars nor more than fifty dollars, as the court in its discretion may determine; provided, however, that such amount shall be the amount of the overcharge or overcharges or twenty-five dollars, whichever is greater, if the defendant proves that the violation of the regulation or order in question was neither wilful nor the result of failure to take practicable precautions against the occurrence of the violation. As used in this section, the word "overcharge" shall mean the amount by which the consideration paid by a tenant to a landlord exceeds the applicable maximum rent. If any landlord who receives rent from a tenant violates a regulation or order of the temporary state housing rent commission or the city housing rent agency prescribing maximum rent with respect to the housing accommodations for which such rent is received from such tenant, and such tenant either fails to institute an action under this paragraph within thirty days from the date of the occurrence of the violation or is not entitled for any reason to bring the action, the city housing rent agency may institute an action within such two-year period. If such action is instituted by the city housing rent agency, the tenant affected shall thereafter be barred from bringing an action for the same violation or violations. Any action under this paragraph by either the tenant or the city housing rent agency, as the case may be, may be brought in any court of competent jurisdiction. A judgment in an action for damages under this subdivision shall be a bar to the recovery under this paragraph of any damages in any other action against the same landlord on account of the same overcharge prior to the institution of the action in which such judgment was rendered. Where judgment is rendered in favor of the city housing rent agency in such action, there shall be paid over to the tenant from the moneys recovered one-third of such recovery, exclusive of costs and disbursements.

(f) If any landlord who receives rent from a tenant violates any order of the city housing rent agency containing a directive that rent collected by the landlord in excess of the maximum rent be refunded to the tenant within thirty days, the city housing rent agency may, within one year after the expiration of such thirty day period or after such order shall become final by regulation of the city housing rent agency, bring an action against the landlord on account of the failure of the landlord to make the prescribed refund. In such action, the landlord shall be liable for reasonable attorney's fees and costs as determined by the court, plus whichever of the following sums is the greater: (a) such amount not more than three times the amount directed to be refunded, or the amount directed to be refunded, upon which the action is based as the court in its discretion may determine, or (b) an amount not less than twenty-five dollars nor more than fifty dollars, as the court in its discretion may determine; provided, however, that such amount shall be the amount directed to be refunded or twenty-five dollars, whichever is greater, if the defendant proves that the violation of the order in question was neither wilful nor the result of failure to take practical precautions against the occurrence of the violation. The tenant paying such rent may also institute an action under this section if the city housing rent agency fails to institute an action within thirty days from the date of occurrence of the violation. If an action is instituted by the city housing rent agency, the tenant affected shall thereafter be barred from bringing an action for the same violation. Any action under this section by either the city housing rent agency or the tenant, as the case may be, may be brought in any court of competent jurisdiction. A judgment in an action for damages under this section shall be a bar to recovery under this subdivision of any damages in any other action against the same landlord on account of the same violation prior to the institution of the action in which such judgment was rendered. Where an action is brought by the tenant the damages which shall be awarded to the tenant shall be the same as if such action was brought by the city housing rent agency. Where judgment is rendered in favor of the city housing rent agency in such action, there shall be paid over to the tenant from the moneys recovered one-third of such recovery, exclusive of the costs and disbursements.

(g) Where after the city housing rent agency has granted a certificate of eviction certifying that the landlord may pursue his remedies pursuant to local law to acquire possession, and a tenant voluntarily removes from a housing accommodation or has been removed therefrom by action or proceeding to evict from or recover possession of a housing accommodation upon the ground that the landlord seeks in good faith to recover possession of such accommodation for any purpose specified in a local law adopted pursuant to subdivision five of this section and such landlord shall lease or sell the housing accommodation or the space previously occupied thereby, or permit use thereof in any manner other than contemplated in such eviction certificate, such landlord shall, unless for good cause shown, be liable to the tenant for three times the damages sustained on account of such removal plus reasonable attorney's fees and costs as determined by the court; in addition to any other damage, the cost of removal of property shall be a lawful measure of damage.

(h) Any tenant who has vacated his housing accommodations because the landlord or any person acting on his behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including but not limited to, interruption or discontinuance of essential services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodations may, within ninety days after vacating, apply for a determination that the housing accommodations were vacated as a result of such conduct, and may, within one year after such determination, institute a civil action against the landlord by reason of such conduct. Application for such determination may be made to the city housing rent agency with respect to housing accommodations which, by local law or ordinance, are made directly subject to regulation and control by such agency. For all other housing accommodadations subject to regulation and control pursuant to the New York city rent stabilization law of nineteen hundred sixty-nine, application for such determination may be made to the New York city conciliation and appeals board. For the purpose of making and enforcing any determination of the New York city conciliation and appeals board as herein provided, the provisions of sections seven, eight and ten, whenever they refer to the city housing rent agency, shall be deemed to refer to such board. In such action the landlord shall be liable to the tenant for three times the damages sustained on account of such conduct plus reasonable attorney's fees and costs as determined by the court. In addition to any other damages the cost of removal of property shall be a lawful measure of damages.

(h) Any tenant who has vacated his housing accommodations because the landlord or any person acting on his behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including but not limited to, interruption or discontinuance of essential services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of the housing accommodations may, within ninety days after vacating, apply for a determination that the housing accommodations were vacated as a result of such conduct, and may, within one year after such determination, institute a civil action against the landlord by reason of such conduct. Application for such determination may be made to the city housing rent agency with respect to housing accommodations which, by local law or ordinance, are made directly subject to regulation and control by such agency. For all other housing accommodations subject to regulation and control by local law or ordinance, application for such determination may be made to the state division of housing and community renewal. For the purpose of making and enforcing any determination of the state division, as herein provided, the provisions of sections seven, eight and ten, whenever they refer to the city housing rent agency, shall be deemed to refer to the state division. In such action the landlord shall be liable to the tenant for three times the damages sustained on account of such conduct plus reasonable attorney's fees and costs as determined by the court. In addition to any other damages the cost of removal of property shall be a lawful measure of damages. 11. Transfer of certain pending matters. Except as provided in subdivision thirteen of this section, any matter, application, proceeding or protest undertaken, filed or commenced by, with or before the temporary state housing rent commission or the state rent administrator relating to the regulation and control or residential rents and evictions within a city having a population of one million or more and pending on May first, nineteen hundred sixty-two, shall be transferred to, conducted by, and completed or determined by the city housing rent agency. In discharging such responsibilities the city housing rent agency shall act in conformity with the provisions of the state emergency housing rent control law, and the rules and regulations promulgated thereunder, governing such matters, applications or proceedings, unless at the time such action is taken, such state law, and the rules and regulations promulgated thereunder, have been amended or superseded by local laws, ordinances, rules or regulations adopted pursuant to subdivision five of this section, and in such event, in conformity therewith to the extent such local law, ordinances, rules or regulations are made expressly applicable to such matters, applications or proceedings. 12. Termination of state regulation and control. On and after May first, nineteen hundred sixty-two, the temporary state housing rent commission and the state rent administrator shall have no jurisdiction over the regulation and control of residential rents and evictions within any city having a population of one million or more. 13. Pending court proceedings. All appeals or other court proceedings relating to the regulation and control of residential rents and evictions in a city having a population of one million or more to which the temporary state housing rent commission or the state rent administrator is a party and which is pending on May first, nineteen hundred sixty-two or thereafter prosecuted shall be prosecuted or defended by the temporary state housing rent commission and the state rent administrator pursuant to the state emergency housing rent control law to a final determination or other disposition by the court in accordance with law. If the court remits any such matter to the temporary state housing rent commission, the commission may transfer such matter to the city housing rent agency for disposition pursuant to subdivision eleven of this section. 14. Civil service. Upon the transfer of the functions of the temporary state housing rent commission to the city housing rent agency pursuant to subdivision six of this section, the officers, and employees of such commission, other than those certified for retention by the state rent administrator to the state department of civil service prior to April first, nineteen hundred sixty-two, as required for the continued operations of such commission, shall be transferred as of May first, nineteen hundred sixty-two, to the city housing rent agency for the continued performance of their functions. Such officers and employees shall be transferred to similar or corresponding positions in such city housing rent agency, without further examination or qualification, and shall retain their respective civil service jurisdictional classifications and status. If the city housing rent agency determines that it will not accept for transfer all such officers and employees, the city housing rent agency shall certify to the state department of civil service those officers and employees whom it will not accept for transfer and in such event, the determination of those to be transferred shall be made by selection of the city housing rent agency from among officers and employees holding permanent appointments in competitive class positions in the order of their respective dates of original appointments in the service of the state, with due regard to the right of preference in retention of disabled and non-disabled veterans and blind persons. Notwithstanding the provisions of any general, special or local law, code or charter requiring officers and employees of a city having a population of one million or more to be residents of such city at the time of their entry into city service or during the continuance of such service, officers and employees of the temporary state housing rent commission shall be transferred to and shall be retained by the city housing rent agency pursuant to this subdivision without regard to local residence. Officers and employees holding permanent appointments in competitive class positions, other than those certified by the state rent administrator for retention in the service of the state, who are not accepted for transfer by the city housing rent agency or who request to be excepted from such transfer shall have their names entered on an appropriate preferred list for reinstatement to the same or similar positions in the service of the state. Officers and employees transferred to the city housing rent agency pursuant to this subdivision shall be entitled to full seniority credit for all purposes, including the determination of their city salaries and increments, for service in the state government rendered prior to such transfer, as though such service had been service in the city government. Such transferees shall retain their earned unused sick leave and vacation credits, but not in excess of maximum accumulations permitted under such municipal rules as may be applicable. Officers and employees transferred pursuant to this subdivision shall thereafter be subject to the rules and jurisdiction of the municipal civil service commission having jurisdiction over the city housing rent agency to which such transfer is made. The state department of civil service shall transfer to such municipal civil service commission on May first, nineteen hundred sixty-two, or as soon thereafter as may be practicable, all eligible lists, records, documents and files pertaining to the officers and employees so transferred and to their positions. Examinations for positions in the temporary state housing rent commission which are in process on May first, nineteen hundred sixty-two, shall be completed by the state civil service commission and eligible lists established. Such lists shall be included among the eligible lists transferred to the municipal civil service commission. Any such eligible list shall continue to be used by such municipal civil service commission and shall be certified by it in accordance with the provisions of its rules and regulations for filling vacancies in appropriate positions in the city housing rent agency exercising the functions transferred pursuant to this section; provided, however, that such certifications from promotion eligible lists shall be limited to eligibles transferred to such city housing rent agency pursuant to this subdivision. Promotions in the temporary state housing rent commission shall be made from among eligibles on appropriate lists who are not transferred to the city housing rent agency. All other matters which relate to the administration of the civil service law with respect to the officers and employees transferred pursuant to this subdivision, and with respect to their positions, and which at the time of such transfer are pending before the state department of civil service or the state civil service commission, shall be transferred to such municipal civil service commission, and any action theretofore taken on such matters by such state department or commission shall have the same force and effect as if taken by such municipal civil service commission. 15. Intergovernmental cooperation. The temporary state housing rent commission and the state rent administrator shall cooperate with the city housing rent agency in effectuating the purposes of this act and shall make available to the city housing rent agency such cooperation, information, records and data as will assist the city housing rent agency in effectuating such purposes. Upon the request of the city housing rent agency, all such information, records and data relating to the regulation and control of residential rents and evictions within such city shall be transferred to the city housing rent agency on May first, nineteen hundred sixty-two or as soon thereafter as may be practicable. Subject to the approval of the state rent administrator, the state commissioner of general services is hereby authorized to sublease or otherwise make available, in part or in whole, to the city housing rent agency, upon such terms and conditions as the said commissioner may prescribe, any premises leased to the state and occupied on or prior to May first, nineteen hundred sixty-two by the temporary state housing rent commission. Notwithstanding the provisions of section one hundred seventy-eight of the state finance law, the state commissioner of general services is hereby authorized to sell, lease or otherwise make available to the city housing rent agency, upon such terms and conditions as the said commissioner may prescribe and subject to the approval of the state rent administrator, any or all personal property used on or prior to May first, nineteen hundred sixty-two by the temporary state housing rent commission. 16. Saving clause. If any local law or ordinance in respect of the regulation and control of residential rents and evictions adopted pursuant to subdivision five of this section shall be held wholly or partially invalid by final decree of a court of competent jurisdiction, the city housing rent agency shall administer the provisions of the state emergency housing rent control law to the extent of any such invalidity. 17. Separability. If any subdivision, paragraph, sentence, clause or provision of this section shall be held wholly or partially invalid by final decree of a court of competent jurisdiction, to the extent that it is not invalid, it shall be valid and no other subdivision, paragraph, sentence, clause or provision shall on account thereof be deemed invalid. § 2. Promptly after the effective date of this act, the mayor of each city having a population of one million or more shall transmit to the governor, in such form and detail as the governor may prescribe, his request, if any, for an appropriation from the state treasury to defray the reasonable and necessary expenses of such city for personal service and for maintenance and operation in respect of the regulation and control of residential rents within such city pursuant to this act. Any such request shall be in sufficient detail to justify the reasonableness and necessity of the amount requested. If a request is received from the mayor of any such city after the final adjournment of the regular session of the legislature in nineteen hundred sixty-two, the state director of the budget is authorized to transfer to such city from time to time a portion of any outstanding appropriation made to the temporary state housing rent commission after filing a certificate of such transfer with the state comptroller, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. Any amount so transferred shall be paid from the general fund to the credit of the local assistance fund on the audit and warrant of the state comptroller on vouchers requisitioned by the mayor of such city or by an official of such city designated by the mayor. § 2-a. Notwithstanding any other provision of law, during the period April first, nineteen hundred seventy-two to March thirty-first, nineteen hundred seventy-three, the city housing rent agency may assess and collect fees or charges upon landlords pursuant to local rent control laws or regulations subject to such terms and conditions as it may deem to be appropriate, provided, however, that such fees or charges shall not exceed three dollars per housing accommodation in the aggregate. In addition, no such fees or charges shall be assessed against any owner occupied structure with eight or less housing accommodations. To the extent that such fees and charges are insufficient to provide the full amount required for services and expenses necessary to the operation of the rent control program, the amount appropriated by the legislature, or so much thereof as may be necessary, shall be available for the payment of state aid. The officer or officers designated by local law or regulation to assess and collect such fees or charges and to make disbursements therefrom, shall maintain, and provide at such times and in the manner and form as may be prescribed by the comptroller and the director of the budget of the state of New York, a record and accounting of all funds received and disbursed pursuant to this authorization. § 5. Any adjustments in maximum rents ordered by the temporary state housing rent commission on and after June thirtieth, nineteen hundred sixty-one, and resulting in an increase thereof solely by reason of the amendments made by chapter three hundred thirty-seven of the laws of nineteen hundred sixty-one to paragraph (a) of subdivision four of section four of the emergency housing rent control law which provided for the application of the most recent equalization rate, rather than the equalization rate for the year nineteen hundred fifty-four, are hereby rescinded and nullified, provided, however, that no right is conferred by this act to recover any such increase paid prior to the effective date of this act. § 6. Notwithstanding any provision of chapter three hundred thirty-seven of the laws of nineteen hundred sixty-one, maximum rents established in any city having a population of one million or more pursuant to the emergency housing rent control law, as last amended by such chapter, shall not be increased during the period between the effective date of this act and May first, nineteen hundred sixty-two, except with the voluntary written consent of the tenant affected.