Legislation
SECTION 235-D
Harassment
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 235-d. Harassment. 1. Notwithstanding any other provision of law,
within a city having a population of one million or more, it shall be
unlawful and shall constitute harassment for any landlord of a building
which at any time was occupied for manufacturing or warehouse purposes,
or other person acting on his behalf, to engage in any course of
conduct, including, but not limited to intentional interruption or
discontinuance or willful failure to restore services customarily
provided or required by written lease or other rental agreement, which
interferes with or disturbs the comfort, repose, peace or quiet of a
tenant in the tenant's use or occupancy of rental space if such conduct
is intended to cause the tenant (i) to vacate a building or part
thereof; or (ii) to surrender or waive any rights of such tenant under
the tenant's written lease or other rental agreement.
2. The lawful termination of a tenancy or lawful refusal to renew or
extend a written lease or other rental agreement shall not constitute
harassment for purposes of this section.
3. As used in this section the term "tenant" means only a person or
business occupying or residing at the premises pursuant to a written
lease or other rental agreement, if such premises are located in a
building which at any time was occupied for manufacturing or warehouse
purposes and a certificate of occupancy for residential use of such
building is not in effect at the time of the last alleged acts or
incidents upon which the harassment claim is based.
4. A tenant may apply to the supreme court for an order enjoining acts
or practices which constitute harassment under subdivision one of this
section; and upon sufficient showing, the supreme court may issue a
temporary or permanent injunction, restraining order or other order, all
of which may, as the court determines in the exercise of its sound
discretion, be granted without bond. In the event the court issues a
preliminary injunction it shall make provision for an expeditious trial
of the underlying action.
5. The powers and remedies set forth in this section shall be in
addition to all other powers and remedies in relation to harassment
including the award of damages. Nothing contained herein shall be
construed to amend, repeal, modify or affect any existing local law or
ordinance, or provision of the charter or administrative code of the
city of New York, or to limit or restrict the power of the city to amend
or modify any existing local law, ordinance or provision of the charter
or administrative code, or to restrict or limit any power otherwise
conferred by law with respect to harassment.
6. Any agreement by a tenant in a written lease or other rental
agreement waiving or modifying his rights as set forth in this section
shall be void as contrary to public policy.
within a city having a population of one million or more, it shall be
unlawful and shall constitute harassment for any landlord of a building
which at any time was occupied for manufacturing or warehouse purposes,
or other person acting on his behalf, to engage in any course of
conduct, including, but not limited to intentional interruption or
discontinuance or willful failure to restore services customarily
provided or required by written lease or other rental agreement, which
interferes with or disturbs the comfort, repose, peace or quiet of a
tenant in the tenant's use or occupancy of rental space if such conduct
is intended to cause the tenant (i) to vacate a building or part
thereof; or (ii) to surrender or waive any rights of such tenant under
the tenant's written lease or other rental agreement.
2. The lawful termination of a tenancy or lawful refusal to renew or
extend a written lease or other rental agreement shall not constitute
harassment for purposes of this section.
3. As used in this section the term "tenant" means only a person or
business occupying or residing at the premises pursuant to a written
lease or other rental agreement, if such premises are located in a
building which at any time was occupied for manufacturing or warehouse
purposes and a certificate of occupancy for residential use of such
building is not in effect at the time of the last alleged acts or
incidents upon which the harassment claim is based.
4. A tenant may apply to the supreme court for an order enjoining acts
or practices which constitute harassment under subdivision one of this
section; and upon sufficient showing, the supreme court may issue a
temporary or permanent injunction, restraining order or other order, all
of which may, as the court determines in the exercise of its sound
discretion, be granted without bond. In the event the court issues a
preliminary injunction it shall make provision for an expeditious trial
of the underlying action.
5. The powers and remedies set forth in this section shall be in
addition to all other powers and remedies in relation to harassment
including the award of damages. Nothing contained herein shall be
construed to amend, repeal, modify or affect any existing local law or
ordinance, or provision of the charter or administrative code of the
city of New York, or to limit or restrict the power of the city to amend
or modify any existing local law, ordinance or provision of the charter
or administrative code, or to restrict or limit any power otherwise
conferred by law with respect to harassment.
6. Any agreement by a tenant in a written lease or other rental
agreement waiving or modifying his rights as set forth in this section
shall be void as contrary to public policy.