 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2368
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2017
                                       ___________
 
        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  § 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    §  2.  The penal law is amended by adding a new section 241.03 to read
    14  as follows:
    15  § 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    § 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    28  deemed repealed therewith.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.
                                                                   LBD03414-01-7
Relates to harassment of a rent regulated tenant

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