Bill Text: NY A10151 | 2013-2014 | General Assembly | Introduced

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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) 2014-06-17 - referred to codes [A10151 Detail]

Download: New_York-2013-A10151-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10151
                                 I N  A S S E M B L Y
                                     June 17, 2014
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of 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.
                                                                  LBD15354-02-4