People ex rel. Higgins v. Peranzo, 179 A.D.2d 871 (1992)

Shortly thereafter, petitioner commenced this special proceeding by order to show cause on behalf of the tenants pursuant to Real Property Law § 233 (v). The order to show cause contained a request for a temporary restraining order enjoining respondents from attempting to evict the tenants and from using violence to threaten or intimidate them. However, in November 1989 the tenants, without notice to respondents, voluntarily vacated their rental site at the park. The tenants ultimately received all the withheld rent for the months of June through November 1989 (that had been placed in escrow). In its decision, Supreme Court found that respondents were guilty of five violations under Real Property Law § 233. The court, among other things, assessed a $1,000 civil penalty for each violation, permanently enjoined respondents from committing further violations, and awarded petitioner an *873allowance in the sum of $2,000 against each respondent (totaling $4,000). This appeal by respondents followed.