Under current harassment law a tenant has to show that an owner committed a harassing act or omission which caused or was intended to cause such tenant to vacate the dwelling. This bill creates a rebuttable presumption that where an owner commits one of a list of harassing acts or omissions, such act or omission constitutes harassment.
- Enacted
History
Affirmative
- Inez D. Barron
- Margaret S. Chin
- Andrew Cohen
- Costa G. Constantinides
- Robert E. Cornegy, Jr.
- Elizabeth S. Crowley
- Chaim M. Deutsch
- Daniel Dromm
- Mathieu Eugene
- Julissa Ferreras-Copeland
- Daniel R. Garodnick
- Vincent J. Gentile
- Vanessa L. Gibson
- David G. Greenfield
- Barry S. Grodenchik
- Corey D. Johnson
- Ben Kallos
- Peter A. Koo
- Karen Koslowitz
- Rory I. Lancman
- Brad S. Lander
- Stephen T. Levin
- Mark Levine
- Alan N. Maisel
- Melissa Mark-Viverito
- Carlos Menchaca
- Rosie Mendez
- I. Daneek Miller
- Bill Perkins
- Antonio Reynoso
- Donovan J. Richards
- Ydanis A. Rodriguez
- Deborah L. Rose
- Helen K. Rosenthal
- Rafael Salamanca, Jr.
- Ritchie J. Torres
- Mark Treyger
- James Vacca
- Jumaane D. Williams
Absent
Maternity
Bereavement
Affirmative
Negative
Int. No. 1530-A
By The Speaker (Council Member Mark-Viverito) and Council Members Rosenthal, Dromm, Levine, Menchaca, Levin, Kallos, Salamanca and Cohen
A Local Law to amend the administrative code of the city of New York, in relation to creating a rebuttable presumption regarding harassment
Be it enacted by the Council as follows:
Section 1. The opening paragraph of paragraph 48 of subdivision a of section 27-2004 of the administrative code of the city of New York, as added by local law number 7 for the year 2008, is amended to read as follows:
48. Except where otherwise provided, the term “harassment” shall mean any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the [following:] following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy:
§ 2. This local law takes effect 120 days after it becomes law, except that the commissioner of housing preservation and development may take such measures as are necessary for its implementation, including the promulgation of rules, before such effective date.
LS 2109
JW/MPC
8/1/17 5:37PM