of the General Obligations Law, shall also be available in Spanish. Such notice
shall be provided to each hotel occupant in residence on the effective date of
this code no later than 90 days from such effective date. An owner who violates
the RSL and this code by failing to furnish this Notice of Rights, and/or by
engaging in any conduct which compels a person to rent as a hotel occupant,
prevents a hotel occupant from becoming a permanent tenant, or results in a
hotel occupant vacating a housing accommodation, shall be subject to a loss of
a guidelines adjustment pursuant to paragraph (3) of this subdivision as well
as penalties pursuant to section
5-702 of this Title, and may be subject to a
penalty pursuant to section
2526.2(b) and
(c)(1) of
this Title, in an amount no less than $1,000.2526.2(c)(2)
(3) Where a tenant, permanent tenant or hotel
occupant is not furnished, as required by the above provision, with a copy of
the lease rider pursuant to paragraph (1), the notice pursuant to paragraph
(2), or the documentation required on demand by paragraph (1)(ii) of this
subdivision, the owner shall not be entitled to collect any adjustments in
excess of the rent set forth in the prior lease unless the owner can establish
that the rent collected was otherwise legal. In addition to issuing an order
with respect to applicable overcharges, DHCR shall order the owner to furnish
the missing rider, notice, or documentation. The furnishing of the rider,
notice, or documentation by the owner to the tenant or hotel occupant shall
result in the elimination, prospectively, of such penalty. With respect to
housing accommodations in hotels, noncompliance by the owner shall not prevent
the hotel occupant from becoming a permanent tenant.