new york penal law 241 05 harassment of a rent regulated tenant

Hey friend! If you or someone you care about is dealing with charges under NY Penal Law 241.05 for harassment of a rent regulated tenant, I understand you’re worried. But don’t panic! This article will explain the law, penalties, and defenses so you know how to protect your rights. I’m here to educate and support you.

What is Harassment of a Rent Regulated Tenant in New York?

This charge applies when a landlord tries to force a rent stabilized or rent controlled tenant to move out through harassment, threats, or intimidation[1]. Under the law, harassment involves[2]:

• Causing physical harm or injury
• Creating unsafe living conditions
• Removing essential services like heat/water
• Using force or threats to vacate

The key is landlords cannot try to illegally influence regulated tenants to give up their apartments.

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Legal Scenario: What Would You Do?

Scenario

Your landlord has been showing up unannounced at your rent-stabilized apartment multiple times a week, banging on the door late at night and threatening to make your life miserable until you move out. Last week, he shut off your hot water for three days and told other tenants he'd do the same to anyone who complained.

Can my landlord actually face criminal charges for trying to force me out of my rent-regulated apartment?

Attorney's Answer

Yes — under New York Penal Law § 241.05, it is a class E felony for any person to engage in a course of conduct intended to cause a rent-regulated tenant to vacate their dwelling through harassment, threats, or the interruption of essential services. The behavior you're describing — repeated intimidation visits, shutting off hot water, and threatening other tenants — fits squarely within the statute's definition of harassing conduct. You should document every incident with dates and witnesses, file a complaint with the New York Division of Housing and Community Renewal (DHCR), and contact law enforcement about pursuing criminal charges. An experienced attorney can also help you pursue civil remedies, including treble damages under the Rent Stabilization Code, to hold your landlord accountable.

This is general information only. Contact us for advice specific to your situation.

What Are the Penalties Under Penal Law 241.05?

Harassment of a rent regulated tenant in the first degree is a Class E felony in NY[3]. Potential penalties include:

• 1 to 4 years in state prison
• Up to $5,000 in fines
• Permanent criminal record