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This entry was published on 2020-06-05
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SECTION 241.05
Harassment of a rent regulated tenant in the first degree
Penal (PEN) CHAPTER 40, PART 3, TITLE N, ARTICLE 241
§ 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:

1. With intent to induce a rent regulated tenant to vacate a housing
accommodation, such owner:

(a) With intent to cause physical injury to such tenant, causes such
injury to such tenant or to a third person; or

(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
interfere 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
housing 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
jurisdiction 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.