Some landlords attempt to evict rent-stabilized unit residents in order to erect new tenants and raise the rate. However, by doing so, such landlords might be breaking a regulation that forbids harassing renters whose rent is regulated. Examples of tactics used by landlords to harass renters include making threats, using foul language, calling them in the middle of the night, stalking them, and giving them incorrect information in an effort to get them to accept a buyout.
In other instances, the landlords turn off necessities like the heat or water. If you are an owner and you harass a rent-regulated renter with the aim to get them to leave, you could be charged under New York Penal Law 241.05:
- Intend to physically harm that tenant and you in fact cause physical injury to the tenant, or
- Recklessly cause physical injury to that tenant or to a third person.
It is a felony.
Last year, James bought an apartment complex. Rent-controlled apartments housed the majority of the renters. James turned off the heat in the winter and ruined the communal areas in an effort to get the tenants to leave. James might face charges for a number of offenses, including harassing a renter whose rent is regulated.
Harassment Of A Rent Regulated Tenant Sentence
A class E felony is committed when a rent-regulated renter is harassed. Accordingly, if you are found guilty, you might receive a sentence that includes up to 4 years in jail, 5 years on probation, and a fine.
You would not have engaged in harassment of a rent-regulated tenant if you employed legal ways to evict a renter for breaking the conditions of a lease of a rent-regulated tenant.
Also Read: OFFENSIVE EXHIBITION: NY PENAL LAW § 245.05
New York Penal Law § 241.05: Harassment Of A Rent Regulated Tenant
When an owner acts in such a way as to make a rent-regulated renter leave a housing facility with the aim to do so, such an owner:
- With intent to cause physical injury to such tenant, causes such injury to such tenant or to a third person; or
- Recklessly causes physical injury to such tenant or to a third person.
Hiring A New York Lawyer For Harassment Of A Rent Regulated Tenant Case
Engaging a New York lawyer for a harassment case involving a rent-regulated tenant is imperative to ensure legal rights and protections. New York’s stringent tenant protection laws necessitate expert legal counsel. An experienced attorney will be well-versed in rent regulation laws, tenant harassment statutes, and relevant housing regulations. They can assist in documenting evidence, filing complaints with appropriate authorities, and pursuing remedies such as restraining orders or compensation. With a dedicated lawyer’s guidance, tenants can assert their rights and seek justice in cases of harassment, ultimately safeguarding their housing security in New York’s competitive real estate market.