§ 241.05 Harassment of a rent regulated tenant in the first degree.
  An  owner  is  guilty  of harassment of a rent regulated tenant in the
first degree when:
  1. With intent to induce a rent regulated tenant to vacate  a  housing
accommodation, such owner:
  (a)  With  intent to cause physical injury to such tenant, causes such
injury to such tenant or to a third person; or
  (b) Recklessly causes physical injury to such tenant  or  to  a  third
person; or
  2.  With intent to induce two or more rent regulated tenants occupying
different housing accommodations to vacate such housing  accommodations,
such  owner  intentionally  engages  in  a  systematic ongoing course of
conduct that:
  (a) impairs the habitability of such housing accommodations; or
  (b) creates or maintains a condition which  endangers  the  safety  or
health of one or more of the dwellings' rent regulated tenants; or
  (c)  is  reasonably  likely  to  interfere  with  or disturb, and does
interfere with or disturb, the comfort, repose, peace or quiet of one or
more of such rent regulated tenants in their use and occupancy  of  such
housing  accommodations  including, but not limited to, the interruption
or discontinuance of essential services; or
  3. Such owner commits the crime of  harassment  of  a  rent  regulated
tenant in the second degree as defined in section 241.02 of this article
and  has  previously  been  convicted within the preceding five years of
such crime or the crime of harassment of a rent regulated tenant in  the
first degree.
  The good faith commencement and pursuit of a lawful eviction action by
an  owner  against  a  rent  regulated  tenant  in  a court of competent
jurisdiction shall not, by  itself,  constitute  a  "systematic  ongoing
course  of  conduct" in violation of paragraph (c) of subdivision two of
this section.
  Harassment of a rent regulated tenant in the first degree is a class E
felony.
  * NB Effective May 31, 2020
(As amended by L.2019 c.573 effective 05/31/20.)