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S08559 Summary:

BILL NOS08559A
 
SAME ASSAME AS A09220-A
 
SPONSORKAVANAGH
 
COSPNSRKRUEGER
 
MLTSPNSR
 
Amd §§241.05 & 241.00, 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 three 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--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 29, 2025
                                       ___________
 
        Introduced by Sens. KAVANAGH, KRUEGER -- read twice and ordered printed,
          and  when  printed to be committed to the Committee on Rules -- recom-
          mitted to the Committee on Codes in accordance  with  Senate  Rule  6,
          sec.  8  --  committee  discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the penal law, in relation to the aggravated  harassment
          of a rent regulated tenant
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subdivision 2 of section 241.05 of
     2  the penal law, as added by chapter 573 of the laws of 2019,  is  amended
     3  to read as follows:
     4    With  intent  to  induce  two or more rent regulated tenants occupying
     5  different housing accommodations in one  residential  building,  or  two
     6  rent regulated tenants occupying different housing accommodations in two
     7  separate  residential  buildings, to vacate such housing accommodations,
     8  such owner intentionally engages  in  a  systematic  ongoing  course  of
     9  conduct that:
    10    §  2.  The penal law is amended by adding a new section 241.07 to read
    11  as follows:
    12  § 241.07 Aggravated harassment of a rent regulated tenant.
    13    An owner is guilty of aggravated harassment of a rent regulated tenant
    14  when:
    15    1. With intent to induce three or more rent regulated tenants  occupy-
    16  ing  different  housing accommodations in two or more residential build-
    17  ings to vacate such housing  accommodations,  such  owner  intentionally
    18  engages in a systematic ongoing course of conduct that:
    19    (a) impairs the habitability of such housing accommodations; or
    20    (b)  creates  or  maintains  a condition which endangers the safety or
    21  health of one or more of the dwellings' rent regulated tenants; or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13983-03-6

        S. 8559--A                          2
 
     1    (c) is reasonably likely to interfere with or disturb, and does inter-
     2  fere with or disturb, the comfort, repose, peace or quiet of one or more
     3  of such rent regulated tenants in their use and occupancy of such  hous-
     4  ing  accommodation  including,  but  not limited to, the interruption or
     5  discontinuance of essential services.
     6    2.  Such  owner  commits  the  crime of harassment of a rent regulated
     7  tenant in the first degree as defined in section 241.05 of this  article
     8  and  has  previously  been  convicted within the preceding five years of
     9  such crime.
    10    The good faith commencement and pursuit of a lawful eviction action by
    11  an owner against a rent regulated tenant in a court of competent  juris-
    12  diction shall not, by itself, constitute a "systematic ongoing course of
    13  conduct"  in  violation  of  paragraph  (c)  of  subdivision one of this
    14  section.
    15    Aggravated harassment of a rent regulated tenant is a class D felony.
    16    § 3. Section 241.00 of the penal law is amended by adding a new subdi-
    17  vision 4 to read as follows:
    18    4. "Residential building" shall mean a structure built upon  an  iden-
    19  tifiable  borough-block-lot  or  section-block-lot  number that contains
    20  multiple dwelling units, at least one of which is subject to  the  regu-
    21  lations  and  control of residential rents and evictions pursuant to the
    22  emergency housing rent control law, the  local  emergency  housing  rent
    23  control  act,  the  emergency tenant protection act of nineteen seventy-
    24  four, the New York city rent and rehabilitation law or the New York city
    25  rent stabilization law of nineteen hundred sixty-nine. The definition of
    26  "residential building" as used in this subdivision shall  be  applicable
    27  only  to  the  provisions of this article and shall not be applicable to
    28  any other provision of law.
    29    § 4. This act shall take effect immediately.
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