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Assembly Bill A1497

2015-2016 Legislative Session

Relates to harassment of a rent regulated tenant

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Archive: Last Bill Status - In Assembly Committee

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2015-A1497 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §241.05, add §241.03, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A10151
2017-2018: A2368
2019-2020: A3519

2015-A1497 (ACTIVE) - Summary

Provides that intentionally impairing the habitability of a housing accommodation shall constitute harassment of a rent regulated tenant.

2015-A1497 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1497

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced by M. of A. LENTOL -- read once and referred 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:

  Section 1. Section 241.05 of the penal law, as added by chapter 116 of
the laws of 1997, is amended to read as follows:
S 241.05 Harassment of a rent regulated tenant IN THE FIRST DEGREE.
  An owner is guilty of harassment of a rent  regulated  tenant  IN  THE
FIRST DEGREE when with intent to cause a rent regulated tenant to vacate
a housing accommodation, such owner:
  1.  With  intent  to cause physical injury to such tenant, causes such
injury to such tenant or to a third person; or
  2. Recklessly causes physical injury to such  tenant  or  to  a  third
person.
  Harassment of a rent regulated tenant IN THE FIRST DEGREE is a class E
felony.
  S  2.  The penal law is amended by adding a new section 241.03 to read
as follows:
S 241.03 HARASSMENT OF A RENT REGULATED TENANT IN THE SECOND DEGREE.
  AN OWNER IS GUILTY OF HARASSMENT OF A RENT  REGULATED  TENANT  IN  THE
SECOND  DEGREE WHEN, WITH THE INTENT TO CAUSE A RENT REGULATED TENANT TO
VACATE A HOUSING ACCOMMODATION, SUCH  OWNER  INTENTIONALLY  IMPAIRS  THE
HABITABILITY  OF  A  HOUSING  ACCOMMODATION,  OR  CREATES OR MAINTAINS A
CONDITION, WHICH ENDANGERS  THE  SAFETY  OR  HEALTH  OF  THE  DWELLING'S
TENANT.
  HARASSMENT  OF A RENT REGULATED TENANT IN THE SECOND DEGREE IS A CLASS
A MISDEMEANOR.
  S 3. This act shall take effect immediately; provided however that the
provisions of this act shall not affect the  expiration  and  repeal  of
article  241 of the penal law pursuant to subdivision 6 of section 46 of
chapter 116 of the laws of 1997, as amended, and  shall  expire  and  be
deemed repealed therewith.

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