Int. No. 1550-A
By Council Members Rosenthal, Levine, Menchaca, Levin, Kallos and Gentile
A Local Law to amend the administrative code of the city of New York, in relation to harassment in private dwellings.
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 amended by a local law for the year 2017 amending the administrative code of the city of New York relating to creating a rebuttable presumption regarding harassment, as proposed in introduction number 1530-A, 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, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, except that such presumption shall not apply to such acts or omissions with respect to a private dwelling, as defined in paragraph six of subdivision a of section 27-2004:
§ 2. Subdivision n of section 27-2115 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:
n. The provisions of subdivision d of section 27-2005 of this chapter, subdivision m of this section and subdivision b of section 27-2120 of this chapter shall not apply where a shareholder of record on a proprietary lease for a dwelling unit, the owner of record of a dwelling unit owned as a condominium, or those lawfully entitled to reside with such shareholder or record owner, resides in the dwelling unit for which the proprietary lease authorizes residency or in such condominium unit, as is applicable[, or to private dwellings].
§ 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.
JW/GP/MPC
LS 2111
8/28/17 10:41am