Section 235-D. Harassment  


Latest version.
  • 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.