NY State Senate Bill S2605

Archive: Last Bill Status Via A6188 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Leave this field blank

Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 03, 2019	signed chap.573
Nov 26, 2019	delivered to governor
Apr 10, 2019	returned to assembly passed senate 3rd reading cal.214 substituted for s2605
Apr 10, 2019	substituted by a6188
Mar 06, 2019	advanced to third reading
Mar 05, 2019	2nd report cal.
Mar 04, 2019	1st report cal.214
Jan 28, 2019	referred to codes

Votes

view votes

Apr 10, 2019 - floor Vote

A6188

floor

Aye

Nay

Absent

Excused

Abstained

Mar 4, 2019 - Codes committee Vote

S2605

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

view additional co-sponsors

S2605 (ACTIVE) - Details

See Assembly Version of this Bill:: A6188
Law Section:: Penal Law
Laws Affected:: Add §241.02, amd §§241.05 & 241.00, Pen L
Versions Introduced in 2017-2018 Legislative Session:: S6473, A7992

S2605 (ACTIVE) - Summary

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

S2605 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2605

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the penal law, in relation to harassment of a rent regu-
lated tenant

 
PURPOSE:

The purpose of this bill is to better protect tenants from the egregious
misconduct of unscrupulous landlords by broadening the definition of the
class E felony offense of Harassment of a Rent Regulated Tenant and by
establishing a related class A misdemeanor offense in Article 241 of the
Penal Law.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title of the Act as the "Tenant Protection Act
of 2019."

Section 2 of the bill amends Penal Law Article 241 to create the new
class A misdemeanor offense of harassment of a Rent Regulated Tenant in
the Second Degree (PL section 241.02). This new crime is committed when
an owner, with the intent to induce a rent regulated tenant to vacate
their housing accommodation, intentionally engages in a course of
conduct that: (a) impairs the habitability of a housing accommodation;
(b) creates or maintains a condition which endangers the safety or
health of the tenant: or (c) is reasonably likely to, and does in fact
interfere with or disturb the comfort, repose, peace or quiet of such
tenant in their use and occupancy of such housing accommodation. This
new Penal Law section includes a provision stating that "the good faith
commencement and pursuit of a lawful eviction action" by an owner
against a rent regulated tenant shall not, by itself, constitute a
"course of conduct" in violation of subdivision three of that section.

Section 3 of the bill renames the existing class E felony offense of
Harassment of a Rent Regulated Tenant as Harassment of a Rent Regulated
Tenant in the First Degree.

Section 3 also expands the definition of the existing class E felony
offense to include conduct by an owner who, with the intent to induce
two or more rent regulated tenants occupying different housing accommo-
dations to vacate their units, intentionally engages in a "systematic
ongoing course of conduct" that: (a) impairs the habitability of such
housing accommodations, (b) creates or maintains a condition which
endangers the safety or health of one or more of the rent regulated
tenants, or (c) is reasonably likely to, and does in fact, interfere
with or disturb the comfort, repose, peace or quiet of one or more of
such tenants in their use and occupancy of such housing accommodations.
This expanded definition includes a provision stating that "the good
faith commencement and pursuit of a lawful eviction action" by an owner
against a rent regulated tenant shall not, by itself, constitute a
"systematic ongoing course of conduct" in violation of paragraph (c) of
subdivision two of that section.

Section 3 further expands the definition of the existing class F felony
offense to include the commission by an owner of the newly created class
A misdemeanor offense of I harassment of a Rent Regulated Tenant in the
Second Degree after having been convicted within the past five years of
that offense or Harassment of a Rent Regulated Tenant in the First
Degree.

Section 4 amends the definition of "rent regulated tenant" in Penal Law
section 241.00 to also include "any lawful successor to the tenancy."

Section 5 establishes the effective date of the Act as 180 days after it
shall have become a law.

 
JUSTIFICATION:

Affordable housing is an increasingly scarce resource in many parts of
New York. Resulting market forces tend to reward unscrupulous landlords
who go to extraordinary lengths to force tenants to vacate their rent
regulated homes. Unfortunately, the existing Penal Law statute intended
to protect tenants from these unconscionable acts has been wholly inef-
fective.

Under the existing Harassment of a Rent Regulated Tenant statute, a
prosecutor must not only prove that the offending landlord intended to
cause the tenant to vacate their home, he or she also must prove that
the tenant sustained physical injury due to the landlord's actions and
that the landlord actually intended to cause (or acted with criminal
recklessness in causing) such injury. In so doing, the existing statute
fixes an inexplicably high bar that, in the nearly two decades since the
law was enacted, has never been met. In fact, records from the New York
State Division of Criminal Justice Services reveal that not a single
landlord has ever been convicted of that crime.

By creating a new misdemeanor tenant harassment offense and expanding
the existing felony definition to eliminate the need to prove physical
injury to a rent regulated tenant and a landlord's specific intent to
cause it, this bill will go a long way toward providing real protections
for tenants who, until now, have been the innocent victims both of their
own landlords and of an ineffective Penal Law statute.

 
FISCAL IMPLICATIONS:

None

 
LEGISLATIVE HISTORY:

2017-2018: S.6473-A/A.7992-A

 
EFFECTIVE DATE:
The Act takes effect 180 days after it shall have become a law.

S2605 (ACTIVE) - Bill Text download pdf


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

                                  2605

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            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:

  Section 1. This act shall be known and may be  cited  as  the  "tenant
protection act of 2019".
  §  2.  The penal law is amended by adding a new section 241.02 to read
as follows:
§ 241.02 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  INTENT TO INDUCE A RENT REGULATED TENANT TO
VACATE A HOUSING ACCOMMODATION, SUCH OWNER INTENTIONALLY  ENGAGES  IN  A
COURSE OF CONDUCT THAT:
  1. IMPAIRS THE HABITABILITY OF A HOUSING ACCOMMODATION; OR
  2.  CREATES  OR  MAINTAINS  A  CONDITION WHICH ENDANGERS THE SAFETY OR
HEALTH OF THE DWELLING'S TENANT; OR
  3. IS REASONABLY LIKELY TO INTERFERE WITH OR DISTURB, AND DOES  INTER-
FERE  WITH  OR DISTURB, THE COMFORT, REPOSE, PEACE OR QUIET OF SUCH RENT
REGULATED TENANT IN HIS OR HER USE AND OCCUPANCY OF SUCH HOUSING  ACCOM-
MODATION  INCLUDING,  BUT NOT LIMITED TO, THE INTERRUPTION OR DISCONTIN-
UANCE OF ESSENTIAL SERVICES. THE GOOD FAITH COMMENCEMENT AND PURSUIT  OF
A  LAWFUL EVICTION ACTION BY AN OWNER AGAINST A RENT REGULATED TENANT IN
A COURT OF COMPETENT JURISDICTION SHALL NOT,  BY  ITSELF,  CONSTITUTE  A
"COURSE OF CONDUCT" IN VIOLATION OF THIS SUBDIVISION.
  HARASSMENT  OF A RENT REGULATED TENANT IN THE SECOND DEGREE IS A CLASS
A MISDEMEANOR.
  § 3. Section 241.05 of the penal law, as added by chapter 116  of  the
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

§ 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]:
  1. WITH intent to [cause] INDUCE a rent regulated tenant to  vacate  a
housing accommodation, such owner:
  [1.]  (A)  With intent to cause physical injury to such tenant, causes
such injury to such tenant or to a third person; or
  [2.] (B) Recklessly causes physical injury to  such  tenant  or  to  a
third person[.]; OR
  2.  WITH INTENT TO INDUCE TWO OR MORE RENT REGULATED TENANTS OCCUPYING
DIFFERENT HOUSING ACCOMMODATIONS TO VACATE SUCH HOUSING  ACCOMMODATIONS,
SUCH  OWNER  INTENTIONALLY  ENGAGES  IN  A  SYSTEMATIC ONGOING COURSE OF
CONDUCT THAT:
  (A) IMPAIRS THE HABITABILITY OF SUCH HOUSING ACCOMMODATIONS; OR
  (B) CREATES OR MAINTAINS A CONDITION WHICH  ENDANGERS  THE  SAFETY  OR
HEALTH OF ONE OR MORE OF THE DWELLINGS' RENT REGULATED TENANTS; OR
  (C) IS REASONABLY LIKELY TO INTERFERE WITH OR DISTURB, AND DOES INTER-
FERE WITH OR DISTURB, THE COMFORT, REPOSE, PEACE OR QUIET OF ONE OR MORE
OF  SUCH RENT REGULATED TENANTS IN THEIR USE AND OCCUPANCY OF SUCH HOUS-
ING ACCOMMODATIONS INCLUDING, BUT NOT LIMITED TO,  THE  INTERRUPTION  OR
DISCONTINUANCE OF ESSENTIAL SERVICES; OR
  3.  SUCH  OWNER  COMMITS  THE  CRIME OF HARASSMENT OF A RENT REGULATED
TENANT IN THE SECOND DEGREE AS DEFINED IN SECTION 241.02 OF THIS ARTICLE
AND HAS PREVIOUSLY BEEN CONVICTED WITHIN THE  PRECEDING  FIVE  YEARS  OF
SUCH  CRIME OR THE CRIME OF HARASSMENT OF A RENT REGULATED TENANT IN THE
FIRST DEGREE.
  THE GOOD FAITH COMMENCEMENT AND PURSUIT OF A LAWFUL EVICTION ACTION BY
AN OWNER AGAINST A RENT REGULATED TENANT IN A COURT OF COMPETENT  JURIS-
DICTION SHALL NOT, BY ITSELF, CONSTITUTE A "SYSTEMATIC ONGOING COURSE OF
CONDUCT"  IN  VIOLATION  OF  PARAGRAPH  (C)  OF  SUBDIVISION TWO OF THIS
SECTION.
  Harassment of a rent regulated tenant IN THE FIRST DEGREE is a class E
felony.
  § 4. Subdivision 1 of section 241.00 of the penal  law,  as  added  by
chapter 116 of the laws of 1997, is amended to read as follows:
  1.  "Rent  regulated  tenant"  shall mean a person occupying a housing
accommodation OR ANY LAWFUL SUCCESSOR TO THE TENANCY which is subject to
the regulations and control of residential rents and evictions  pursuant
to  the  emergency housing rent control law, the local emergency housing
rent control act, the emergency tenant protection act of nineteen seven-
ty-four, the New York city rent and rehabilitation law or the  New  York
city  rent  stabilization  law  of nineteen hundred sixty-nine, and such
person is either a party to a lease or rental agreement for such housing
accommodation, a statutory tenant or a person who lawfully occupies such
housing accommodation with such party to a lease or rental agreement  or
with  such  statutory tenant.  The definition of "rent regulated tenant"
as used in this subdivision shall be applicable only to  the  provisions
of  this  article  and shall not be applicable to any other provision of
law.
  § 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that  the  amendments  to
article  241  of  the  penal law made by sections two, three and four of
this act shall not affect the repeal of such article and shall be deemed
repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

The New York State Senate

senate Bill S2605

Sponsored By

Archive: Last Bill Status Via A6188 - Signed by Governor

Your Voice

Actions

Votes

Apr 10, 2019 - floor Vote

Floor Vote: Apr 10, 2019

Mar 4, 2019 - Codes committee Vote

Codes Committee Vote: Mar 4, 2019

Co-Sponsors

S2605 (ACTIVE) - Details

S2605 (ACTIVE) - Summary

S2605 (ACTIVE) - Sponsor Memo

S2605 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2605

Share this bill

Sponsored By

Archive: Last Bill Status Via A6188 - Signed by Governor

Your Voice

Actions

Votes

Apr 10, 2019 - floor Vote

Floor Vote: Apr 10, 2019

Mar 4, 2019 - Codes committee Vote

Codes Committee Vote: Mar 4, 2019

Co-Sponsors

S2605 (ACTIVE) - Details

S2605 (ACTIVE) - Summary

S2605 (ACTIVE) - Sponsor Memo

S2605 (ACTIVE) - Bill Text download pdf

Comments