Amd §241.05, add §241.10, Pen L; add §99-bb, St Fin L; amd §46, Chap 116 of 1997
 
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.
STATE OF NEW YORK
________________________________________________________________________
1086--A
2017-2018 Regular Sessions
IN ASSEMBLY
January 10, 2017
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes -- recommitted to the Committee on Codes in accord-
ance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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 § 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04945-03-8
A. 1086--A 2
1 Harassment of a rent regulated tenant in the first degree is a class E
2 felony.
3 § 2. The penal law is amended by adding a new section 241.10 to read
4 as follows:
5 § 241.10 Harassment of a rent regulated tenant in the second degree.
6 1. An owner is guilty of harassment of a rent regulated tenant in the
7 second degree when with intent to cause a rent regulated tenant to
8 vacate a housing accommodation, such owner or his or her representative
9 engages in conduct either unlawful or unreasonable under the circum-
10 stances, knowingly or recklessly creates or maintains a condition or
11 conditions which endanger or endangers the safety or health of an indi-
12 vidual or a considerable number of persons and the tenant or tenants
13 have notified the landlord on three successive occasions and such owner
14 or representative ignores complaints relative to those conditions.
15 2. Any person who violates the provisions of this section shall be
16 guilty of a misdemeanor, and upon conviction thereof shall pay a fine of
17 three thousand dollars for each offense. Notwithstanding any other
18 provision of law to the contrary, fines collected pursuant to this
19 section shall be deposited into the quality affordable housing preserva-
20 tion fund established pursuant to section ninety-nine-bb of the state
21 finance law for the investigation and prosecution of crimes under this
22 article.
23 Harassment of a rent regulated tenant in the second degree is a misde-
24 meanor.
25 § 3. The state finance law is amended by adding a new section 99-bb to
26 read as follows:
27 § 99-bb. Quality affordable housing preservation fund. 1. There is
28 hereby established in the joint custody of the state comptroller and the
29 commissioner of housing and community renewal a fund to be known as the
30 "quality affordable housing preservation fund".
31 2. Such fund shall consist of all moneys collected pursuant to the
32 provisions of section 241.05 of the penal law and all other moneys
33 appropriated, credited, or transferred thereto from any other fund or
34 source pursuant to law. Nothing contained in this section shall prevent
35 the state from receiving grants, gifts or bequests for the purposes of
36 the fund as defined in this section and depositing them into the fund
37 according to law. Any interest received by the comptroller on moneys on
38 deposit in such fund shall be retained in and become part of such fund.
39 3. Moneys of this account shall be available to the division of hous-
40 ing and community renewal to pay for the costs of investigating and
41 prosecuting violations of article two hundred forty-one of the penal
42 law.
43 4. All payments from the fund shall be made on the audit and warrant
44 of the comptroller.
45 § 4. Subdivision 6 of section 46 of chapter 116 of the laws of 1997,
46 constituting the rent regulation reform act of 1997, as amended by
47 section 6 of part A of chapter 20 of the laws of 2015, is amended to
48 read as follows:
49 6. sections [twenty-eight,] twenty-eight-a, twenty-eight-b and twen-
50 ty-eight-c of this act shall expire and be deemed repealed after June
51 15, 2019;
52 § 5. This act shall take effect immediately; provided, however,
53 sections one, two and three of this act shall take effect on the nineti-
54 eth day after it shall have become a law.