On 13 March 2008, Mayor Michael R. Bloomberg signed Local Law No. 7 of 2008 amending the Administrative Code of the City of New York, extending the jurisdiction of the Housing Court to include an allegation of harassment of tenants.
What is the "tenant harassment?" Tenant Harassment is defined in law as "any act or omission by or on behalf of an owner … which causes or is intended to cause any person lawfully entitled to occupy a dwelling unit to vacate dwelling unit or to surrender or relinquish any right in respect of that occupation. "Furthermore, he complained activity must include one or more factors outlined in the law:
A. Using force against, or make explicit or implied threats that force will used against any person lawfully entitled to occupancy of such dwelling unit;
B. repeated interruptions or disruption of essential services, or suspension or deletion of an essential service or major extension to materially affect the habitability of housing such;
C. no comply with the provisions of subdivision C of section 27-2140 of this chapter: (a vacate order issued by the Department of Construction)
D. begins repeated frivolous or unfounded prosecutions against any person lawfully entitled to occupancy of such dwelling unit;
E. remove assets of any person lawfully entitled to occupancy of such dwelling unit;
F. remove the gate at the entrance of an occupied dwelling unit, delete, connect or have the lock on the door as inoperable, or change the lock on the door without supplying the key to the new lock people legally entitled to the occupation of such dwelling unit or
G. Others repeated acts or omissions of such importance as to substantially interfere with or disturb the comfort, rest, peace and quiet of any person lawfully entitled to such occupancy and cause or are intended to cause any person lawfully has right to occupy a dwelling unit to vacate dwelling unit or to surrender or relinquish any right in respect of that occupation.
Legislation allows a tenant to contact the Department of Housing Preservation and Development (HPD), and seeking imposition of a violation for harassment. If the Department as the issue of rape within thirty days of the request of the tenant, the tenant can seek redress in the Housing Court. The Housing Court of Justice may issue a warrant for the owner and the Department to show cause in Housing Court. The Court has jurisdiction to determine whether the violation exists, and to direct the owner to correct the violation is corrected, the court may impose civil penalties.
If the act in question, supposedly constitute harassment, is based on the physical condition of the dwelling unit, the prosecution must be based on at least one violation of registration by an agency of the city. For example, the tenant may believe the failure of owners to repair your stove constitutes harassment, but the court will not issue a violation unless the harassment was a violation, previously marketed by HPD for defective stove. The tenant may also file a harassment complaint as a counterclaim or defense of an owner-initiated on an expedited basis. However, if the charge is based on the physical condition of the unit and there is no registration violation, demand counterclaim or defense shall be dismissed.
Harassment under Local Law No. 7 is classified as class "C" immediately hazardous violation. In general, a class "C" violation is considered a "continuing" violation for which penalties accrue daily until the violation is certified to be corrected. However, unlike most of the class "c violations," not be considered a continuing violation beyond the time that the alleged conduct occurred. For example, if a tenant claims the landlord threatened with death on 3 May 2008, the penalty imposed is not a daily penalty, but simply the date of occurrence. The civil penalty shall be not less than one thousand dollars and not more than one thousand dollars per dwelling unit presumably be a violation.
There is an affirmative defense available to the owner. The owner must show that (a) the condition or service interruption was not intended to make the lawful occupant to abandon or waive the delivery unit or any right of occupancy, and (b) the owner acted in good faith a reasonable way to correct the condition. The owner can also request a court order restraining the tenant from initiating any complaint, without leave of judicial harassment, if (a) within ten years the two mimics tenant alleging harassment proceedings against such owner and complaints are dismissed on the merits, and (b) the tenant starts a third action, and is determined to be frivolous.
The law authorizes the court to award legal fees to the owner if the claim of harassment is found to be frivolous. HPD is authorized to initiate their own lawsuits seeking an injunction of the acts complained of, and an order to correct the violations. Local Law No. 7 also allows a tenant or tenants' association to apply for an injunction restraining the owner to participate in the harassment. The tenant-initiated court order requires that a violation will be placed together with the application or violation and to be placed before the order will published.
Comment: Should be interesting to see how a court, already stretched to capacity with regard to the costs and the large number of cases, can law enforcement. The law places the responsibility of the owner to prove that the acts complained of were not committed with intent to cause the tenant to leave or resign their rights. The potential for abuse by tenants is large, because the sample threshold is so low that any lack of repair at a time satisfactory to the tenant may result in additional civil penalties for harassment. "
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