Harassment is currently defined as performing one of a list of acts or omissions which causes or is intended to cause a tenant to leave their home. This bill would amend the harassment law to create a rebuttable presumption that including non-rent fees on a rent bill is intended to cause or did cause a tenant to leave their home.
- Filed (End of Session)
History
Int. No. 1551
By Council Members Torres, Rosenthal, Levine, Richards, Menchaca and Levin
A Local Law to amend the administrative code of the city of New York, in relation to unauthorized non-rent fees on rent bills
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, provided that the act described in subparagraph f-4 of this paragraph shall give rise to a rebuttable presumption that such act was intended to cause or did 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:
§ 2. Subparagraph f-3 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 81 for the year 2015, is amended to read as follows and a new subparagraph f-4 is added to such paragraph to read as follows:
f-3. offering money or other valuable consideration to a person lawfully entitled to occupancy of such dwelling unit to induce such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy while engaging in any of the following types of conduct:
(1) threatening, intimidating or using obscene language;
(2) initiating communication with such frequency, at such unusual hours or in such manner as can be reasonably expected to abuse or harass such person;
(3) initiating communication of such person without the prior written consent of such person; or
(4) knowingly falsifying or misrepresenting any information provided to such person; [or]
f-4. placing non-rent fees on a rent bill where such fees have not been either (i) approved by the New York state division of housing and community renewal or (ii) agreed to in the lease; or
§ 3. 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 994
JW/MPC
3/20/17 11:09AM