Bill Text: NY A01497 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 1497 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A01497 Detail]

Download: New_York-2015-A01497-Introduced.html

                           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:
    1    Section 1. Section 241.05 of the penal law, as added by chapter 116 of
    2  the laws of 1997, is amended to read as follows:
    3  S 241.05 Harassment of a rent regulated tenant IN THE FIRST DEGREE.
    4    An owner is guilty of harassment of a rent  regulated  tenant  IN  THE
    5  FIRST DEGREE when with intent to cause a rent regulated tenant to vacate
    6  a housing accommodation, such owner:
    7    1.  With  intent  to cause physical injury to such tenant, causes such
    8  injury to such tenant or to a third person; or
    9    2. Recklessly causes physical injury to such  tenant  or  to  a  third
   10  person.
   11    Harassment of a rent regulated tenant IN THE FIRST DEGREE is a class E
   12  felony.
   13    S  2.  The penal law is amended by adding a new section 241.03 to read
   14  as follows:
   15  S 241.03 HARASSMENT OF A RENT REGULATED TENANT IN THE SECOND DEGREE.
   16    AN OWNER IS GUILTY OF HARASSMENT OF A RENT  REGULATED  TENANT  IN  THE
   17  SECOND  DEGREE WHEN, WITH THE INTENT TO CAUSE A RENT REGULATED TENANT TO
   18  VACATE A HOUSING ACCOMMODATION, SUCH  OWNER  INTENTIONALLY  IMPAIRS  THE
   19  HABITABILITY  OF  A  HOUSING  ACCOMMODATION,  OR  CREATES OR MAINTAINS A
   20  CONDITION, WHICH ENDANGERS  THE  SAFETY  OR  HEALTH  OF  THE  DWELLING'S
   21  TENANT.
   22    HARASSMENT  OF A RENT REGULATED TENANT IN THE SECOND DEGREE IS A CLASS
   23  A MISDEMEANOR.
   24    S 3. This act shall take effect immediately; provided however that the
   25  provisions of this act shall not affect the  expiration  and  repeal  of
   26  article  241 of the penal law pursuant to subdivision 6 of section 46 of
   27  chapter 116 of the laws of 1997, as amended, and  shall  expire  and  be
   28  deemed repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01214-01-5