The New York City Council just recently passed a bill 39-5 that will increase fines to as much as $50,000 and broadens the terms of what is deemed harassment. The bill sponsored by Bronx Democrat Vanessa Gibson was also endorsed by the Real Estate Board of New York after disagreeing with previous bills.
The bill addresses the definition of commercial-tenant harassment. It is deemed as any act by a landlord that could cause a tenant to vacate the property or waive their rights under a rental agreement. The bill would also allow courts to order the city Department of Buildings to bar landlords who have been found guilty of commercial-tenant harassment from doing certain types of construction at the property where the harassment occurred. Hence the courts can order the Department of Buildings to deny construction permits to landlords found to have harassed their tenants. Some landlords will also have to obtain a Certification of No Harassment for some buildings under a pilot program in order to obtain permits.
Landlords will also be subjected to civil penalties ranging from $10,000 to $50,000 if found to be harassing a commercial tenant. This is an increase from fines that currently range from $1,000 to $10,000. According to the Wall Street Journal
” A 2016 law had defined commercial tenant harassment as landlords denying services like water or electricity, removing tenant property, limiting access to space, or repeatedly engaging in “frivolous court proceedings against the tenant.” Under the bill, the definition would also include landlords requesting identifying documents that would disclose the citizenship status of a tenant; threatening a tenant based on factors including their age, race, gender, disability status, or sexual orientation; and unreasonably refusing to cooperate with a tenant’s permitted repairs or construction activities.”
Councilwoman Vanessa Gibson stated “I’m not trying to put more of a burden on landlords, but I am recognizing that we have to hold landlords to a certain standard. You can’t use your ability as a landlord to control your tenants in a harassing way.” The Real Estate Board of New York approved the bill after the bill had been amended. Reggie Thomas, Senior Vice President of Government Affairs stated “It’s going to punish those people who are guilty of harassment, as they should be.”
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