Bill Text: NY S02605 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to harassment of a rent regulated tenant; establishes the crimes of harassment of a rent regulated tenant in the first and second degree.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced) 2019-04-10 - SUBSTITUTED BY A6188 [S02605 Detail]

Download: New_York-2019-S02605-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2605
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sens. KRUEGER, ADDABBO, BAILEY, BENJAMIN, BRESLIN, HOYL-
          MAN, PERSAUD, RIVERA, SEPULVEDA, SERRANO --  read  twice  and  ordered
          printed, and when printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to harassment of a rent regu-
          lated tenant
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be  cited  as  the  "tenant
     2  protection act of 2019".
     3    §  2.  The penal law is amended by adding a new section 241.02 to read
     4  as follows:
     5  § 241.02 Harassment of a rent regulated tenant in the second degree.
     6    An owner is guilty of harassment of a rent  regulated  tenant  in  the
     7  second  degree  when,  with  intent to induce a rent regulated tenant to
     8  vacate a housing accommodation, such owner intentionally  engages  in  a
     9  course of conduct that:
    10    1. impairs the habitability of a housing accommodation; or
    11    2.  creates  or  maintains  a  condition which endangers the safety or
    12  health of the dwelling's tenant; or
    13    3. is reasonably likely to interfere with or disturb, and does  inter-
    14  fere  with  or disturb, the comfort, repose, peace or quiet of such rent
    15  regulated tenant in his or her use and occupancy of such housing  accom-
    16  modation  including,  but not limited to, the interruption or discontin-
    17  uance of essential services. The good faith commencement and pursuit  of
    18  a  lawful eviction action by an owner against a rent regulated tenant in
    19  a court of competent jurisdiction shall not,  by  itself,  constitute  a
    20  "course of conduct" in violation of this subdivision.
    21    Harassment  of a rent regulated tenant in the second degree is a class
    22  A misdemeanor.
    23    § 3. Section 241.05 of the penal law, as added by chapter 116  of  the
    24  laws of 1997, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07418-01-9

        S. 2605                             2
     1  § 241.05 Harassment of a rent regulated tenant in the first degree.
     2    An  owner  is  guilty  of harassment of a rent regulated tenant in the
     3  first degree when [with]:
     4    1. With intent to [cause] induce a rent regulated tenant to  vacate  a
     5  housing accommodation, such owner:
     6    [1.]  (a)  With intent to cause physical injury to such tenant, causes
     7  such injury to such tenant or to a third person; or
     8    [2.] (b) Recklessly causes physical injury to  such  tenant  or  to  a
     9  third person[.]; or
    10    2.  With intent to induce two or more rent regulated tenants occupying
    11  different housing accommodations to vacate such housing  accommodations,
    12  such  owner  intentionally  engages  in  a  systematic ongoing course of
    13  conduct that:
    14    (a) impairs the habitability of such housing accommodations; or
    15    (b) creates or maintains a condition which  endangers  the  safety  or
    16  health of one or more of the dwellings' rent regulated tenants; or
    17    (c) is reasonably likely to interfere with or disturb, and does inter-
    18  fere with or disturb, the comfort, repose, peace or quiet of one or more
    19  of  such rent regulated tenants in their use and occupancy of such hous-
    20  ing accommodations including, but not limited to,  the  interruption  or
    21  discontinuance of essential services; or
    22    3.  Such  owner  commits  the  crime of harassment of a rent regulated
    23  tenant in the second degree as defined in section 241.02 of this article
    24  and has previously been convicted within the  preceding  five  years  of
    25  such  crime or the crime of harassment of a rent regulated tenant in the
    26  first degree.
    27    The good faith commencement and pursuit of a lawful eviction action by
    28  an owner against a rent regulated tenant in a court of competent  juris-
    29  diction shall not, by itself, constitute a "systematic ongoing course of
    30  conduct"  in  violation  of  paragraph  (c)  of  subdivision two of this
    31  section.
    32    Harassment of a rent regulated tenant in the first degree is a class E
    33  felony.
    34    § 4. Subdivision 1 of section 241.00 of the penal  law,  as  added  by
    35  chapter 116 of the laws of 1997, is amended to read as follows:
    36    1.  "Rent  regulated  tenant"  shall mean a person occupying a housing
    37  accommodation or any lawful successor to the tenancy which is subject to
    38  the regulations and control of residential rents and evictions  pursuant
    39  to  the  emergency housing rent control law, the local emergency housing
    40  rent control act, the emergency tenant protection act of nineteen seven-
    41  ty-four, the New York city rent and rehabilitation law or the  New  York
    42  city  rent  stabilization  law  of nineteen hundred sixty-nine, and such
    43  person is either a party to a lease or rental agreement for such housing
    44  accommodation, a statutory tenant or a person who lawfully occupies such
    45  housing accommodation with such party to a lease or rental agreement  or
    46  with  such  statutory tenant.  The definition of "rent regulated tenant"
    47  as used in this subdivision shall be applicable only to  the  provisions
    48  of  this  article  and shall not be applicable to any other provision of
    49  law.
    50    § 5. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law; provided, however, that  the  amendments  to
    52  article  241  of  the  penal law made by sections two, three and four of
    53  this act shall not affect the repeal of such article and shall be deemed
    54  repealed therewith.
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