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S08559 Summary:

BILL NOS08559
 
SAME ASNo Same As
 
SPONSORKAVANAGH
 
COSPNSR
 
MLTSPNSR
 
Rpld §241.05 sub 3, add §241.07, Pen L
 
Establishes the crime of aggravated harassment of a rent regulated tenant which occurs when an owner intentionally engages in a systematic ongoing course of conduct to induce two or more rent regulated tenants occupying different housing accommodations in two or more residential buildings to vacate such housing accommodations or if such owner commits the crime of harassment of a rent regulated tenant and was previously convicted of the same crime in the past five years.
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S08559 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8559
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 29, 2025
                                       ___________
 
        Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the penal law, in relation to the aggravated  harassment
          of  a  rent regulated tenant; and repealing certain provisions of such
          law relating thereto

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  3  of  section  241.05  of  the penal law is
     2  REPEALED.
     3    § 2. The penal law is amended by adding a new section 241.07  to  read
     4  as follows:
     5  § 241.07 Aggravated harassment of a rent regulated tenant.
     6    An owner is guilty of aggravated harassment of a rent regulated tenant
     7  when:
     8    1.  With intent to induce two or more rent regulated tenants occupying
     9  different housing accommodations in two or more residential buildings to
    10  vacate such housing accommodations, such owner intentionally engages  in
    11  a systematic ongoing course of conduct that:
    12    (a) impairs the habitability of such housing accommodations; or
    13    (b)  creates  or  maintains  a condition which endangers the safety or
    14  health of one or more of the dwellings' rent regulated tenants; or
    15    (c) is reasonably likely to interfere with or disturb, and does inter-
    16  fere with or disturb, the comfort, repose, peace or quiet of one or more
    17  of such rent regulated tenants in their use and occupancy of such  hous-
    18  ing  accommodation  including,  but  not limited to, the interruption or
    19  discontinuance of essential services.
    20    2. Such owner commits the crime of  harassment  of  a  rent  regulated
    21  tenant  in the first degree as defined in section 241.05 of this article
    22  and has previously been convicted within the  preceding  five  years  of
    23  such crime.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13983-02-5

        S. 8559                             2
 
     1    The good faith commencement and pursuit of a lawful eviction action by
     2  an  owner against a rent regulated tenant in a court of competent juris-
     3  diction shall not, by itself, constitute a "systematic ongoing course of
     4  conduct" in violation of  paragraph  (c)  of  subdivision  one  of  this
     5  section.
     6    Aggravated harassment of a rent regulated tenant is a class D felony.
     7    §  3.  This  act shall take effect on the ninetieth day after it shall
     8  have become a law.
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