This is strange for a number of reasons, including the fact that many tenants in the City work at shifts other than 9 to 5 and mandating contacts during 9 to 5 for these tenants can make it required to contact them during their sleep time. One of the more peculiar provisions of the new suite of laws is that a landlord cannot contact a tenant more than once with a buyout offer if contact is made outside of the usual 9 to 5 business day. In order to see this in action with a specific example, repeated lack of heat would be presumed to be with harassing intent, but such intent could be disproven by the landlord’s diligence in trying to get the boiler replaced. Effectively, this means that the complainant has the initial burden of proving prima facie that the forbidden activities took place and once that prima facie burden is met, the owner now has the burden of disproving the forbidden intent. While under previous law, it had been the burden of the complainant to prove that the forbidden actions taken (being those of the pre-amendment law), were for the purpose of getting tenants to vacate their apartments or give up residential rights, under these amendments, the complainant need only prove the acts themselves, now being entitled to a presumption of the forbidden intent. The expansions appear as follows: Presumption of Intent Local Law 184 of 2017, effective February 5, 2018, Local Law 24 of 2018, effective April 30, 2018, and Local Law 48 of 2018, effective also expanded the definition.
#DISCIPLINARY ACTION AGAINS TADAM LEITMAN BAILEY CODE#
Local Laws 162, 163, and 164 all expand the definition of harassment as found in New York City Administrative Code §27-2004 (48) and all took effect on December 28, 2017. On one single day the New York City Council passed the following legislation, including laws concerning smoking, harassment of tenants, applications for construction and final inspections of permitted work, vacate orders, a task force on construction work in occupied multiple dwellings, distressed buildings subject to foreclosure by action in rem, building violations, oversight of construction contractors who have engaged in work without a required permit, increasing fines for working without a permit and stop work orders, a safe construction bill of rights, a denial of certain building permits where outstanding charges are owed to the city, and creation of an office of the tenant advocate within the department of buildings.
This article shall examine these laws and their applicability to property owners and occupants and the vendors that service them.
But to become effective at scattered times over the ensuing year, the City Council enacted numerous provisions falling into three distinct areas: general property owner/landlord and shareholder/unit owner/tenant relations, harassment-centered provisions, and provisions to slow down or discourage construction and sales of properties and laws affecting cooperatives and condominiums and foreclosure procedures. 2017 was an astounding year in New York City real estate, especially on August 9, 2017.
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