Bill Text: NY A08232 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes additional causes of action under harassment of a rent regulated tenant; creates harassment of a rent regulated tenant in the second degree; creates quality affordable housing preservation fund; makes certain provisions of the rent regulation reform act of 1997 permanent.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A08232 Detail]
Download: New_York-2011-A08232-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
8232
2011-2012 Regular Sessions
I N A S S E M B L Y
June 7, 2011
___________
Introduced by M. of A. ROSENTHAL -- 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 in the first and second degree; to amend the state
finance law, in relation to establishing the "quality affordable hous-
ing preservation fund"; and to amend the rent regulation reform act of
1997, in relation to making certain provisions permanent
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 when with
5 intent to cause a rent regulated tenant to vacate a housing accommo-
6 dation, such owner OR HIS OR HER REPRESENTATIVE:
7 1. With intent to cause physical injury to such tenant OR INTIMIDATE
8 SUCH TENANT, causes [such] injury to such tenant or to a third person;
9 [or]
10 2. Recklessly causes physical injury to such tenant or to a third
11 person[.];
12 3. ENGAGES IN CONDUCT THAT VIOLATES THE PROVISIONS OF SECTION 241.10
13 OF THIS ARTICLE AND THE HEALTH OR SAFETY OF AN INDIVIDUAL OR A CONSIDER-
14 ABLE NUMBER OF PERSONS HAVE BEEN COMPROMISED AS A RESULT OF THE OWNER OR
15 HIS OR HER REPRESENTATIVE'S FAILURE TO REMEDIATE IMPROPER CONDITIONS
16 AFTER RECEIVING THREE OR MORE COMPLAINTS FROM A TENANT OR TENANTS RELA-
17 TIVE TO THOSE CONDITIONS; OR
18 4. CONDUCTS OR MAINTAINS ANY PREMISES, HOUSING UNITS, PLACE OR COMMON
19 AREAS WHERE PERSONS GATHER FOR PURPOSES OF ENGAGING IN UNLAWFUL CONDUCT.
20 Harassment of a rent regulated tenant IN THE FIRST DEGREE is a class E
21 felony.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11223-01-1
A. 8232 2
1 S 2. The penal law is amended by adding a new section 241.10 to read
2 as follows:
3 S 241.10 HARASSMENT OF A RENT REGULATED TENANT IN THE SECOND DEGREE.
4 1. AN OWNER IS GUILTY OF HARASSMENT OF A RENT REGULATED TENANT IN THE
5 SECOND DEGREE WHEN WITH INTENT TO CAUSE A RENT REGULATED TENANT TO
6 VACATE A HOUSING ACCOMMODATION, SUCH OWNER OR HIS OR HER REPRESENTATIVE
7 ENGAGES IN CONDUCT EITHER UNLAWFUL OR UNREASONABLE UNDER THE CIRCUM-
8 STANCES, KNOWINGLY OR RECKLESSLY CREATES OR MAINTAINS A CONDITION(S)
9 WHICH ENDANGER(S) THE SAFETY OR HEALTH OF AN INDIVIDUAL OR A CONSIDER-
10 ABLE NUMBER OF PERSONS AND THE TENANT OR TENANTS HAVE NOTIFIED THE LAND-
11 LORD ON THREE SUCCESSIVE OCCASIONS AND SUCH OWNER OR REPRESENTATIVE
12 IGNORES COMPLAINTS RELATIVE TO THOSE CONDITIONS.
13 2. ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE
14 GUILTY OF A MISDEMEANOR, AND UPON CONVICTION THEREOF SHALL PAY A FINE OF
15 THREE THOUSAND DOLLARS FOR EACH OFFENSE. NOTWITHSTANDING ANY OTHER
16 PROVISION OF LAW TO THE CONTRARY, FINES COLLECTED PURSUANT TO THIS
17 SECTION SHALL BE DEPOSITED INTO THE QUALITY AFFORDABLE HOUSING PRESERVA-
18 TION FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Q OF THE STATE
19 FINANCE LAW FOR THE INVESTIGATION AND PROSECUTION OF CRIMES UNDER THIS
20 ARTICLE.
21 HARASSMENT OF A RENT REGULATED TENANT IN THE SECOND DEGREE IS A MISDE-
22 MEANOR.
23 S 3. The state finance law is amended by adding a new section 99-u to
24 read as follows:
25 S 99-U. QUALITY AFFORDABLE HOUSING PRESERVATION FUND. 1. THERE IS
26 HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE
27 COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL A FUND TO BE KNOWN AS THE
28 "QUALITY AFFORDABLE HOUSING PRESERVATION FUND".
29 2. SUCH FUND SHALL CONSIST OF ALL MONEYS COLLECTED PURSUANT TO THE
30 PROVISIONS OF SECTIONS 241.05 AND 241.10 OF THE PENAL LAW AND ALL OTHER
31 MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER
32 FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED IN THIS SECTION SHALL
33 PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE
34 PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO
35 THE FUND ACCORDING TO LAW. ANY INTEREST RECEIVED BY THE COMPTROLLER ON
36 MONEYS ON DEPOSIT IN SUCH FUND SHALL BE RETAINED IN AND BECOME PART OF
37 SUCH FUND.
38 3. MONEYS OF THIS ACCOUNT SHALL BE AVAILABLE TO THE DIVISION OF HOUS-
39 ING AND COMMUNITY RENEWAL TO PAY FOR THE COSTS OF INVESTIGATING AND
40 PROSECUTING VIOLATIONS OF ARTICLE TWO HUNDRED FORTY-ONE OF THE PENAL
41 LAW.
42 4. ALL PAYMENTS FROM THE FUND SHALL BE MADE ON THE AUDIT AND WARRANT
43 OF THE COMPTROLLER.
44 S 4. Subdivision 6 of section 46 of chapter 116 of the laws of 1997,
45 constituting the rent regulation reform act of 1997, as amended by chap-
46 ter 82 of the laws of 2003, is amended to read as follows:
47 6. sections [twenty-eight,] twenty-eight-a, twenty-eight-b and twen-
48 ty-eight-c of this act shall expire and be deemed repealed after June
49 15, 2011;
50 S 5. This act shall take effect immediately; provided, however,
51 sections one, two and three of this act shall take effect on the nineti-
52 eth day after it shall have become a law.
