N.Y. Real Property Law § 235-d: Harassment

§ 235-d. Harassment. 1. Notwithstanding any other provision of law,

within a city having a population of one million or more, it shall be

unlawful and shall constitute harassment for any landlord of a building

which at any time was occupied for manufacturing or warehouse purposes,

or other person acting on his behalf, to engage in any course of

conduct, including, but not limited to intentional interruption or

discontinuance or willful failure to restore services customarily

provided or required by written lease or other rental agreement, which

interferes with or disturbs the comfort, repose, peace or quiet of a

tenant in the tenant's use or occupancy of rental space if such conduct

is intended to cause the tenant (i) to vacate a building or part

thereof; or (ii) to surrender or waive any rights of such tenant under

the tenant's written lease or other rental agreement.

2. The lawful termination of a tenancy or lawful refusal to renew or

extend a written lease or other rental agreement shall not constitute

harassment for purposes of this section.

3. As used in this section the term "tenant" means only a person or

business occupying or residing at the premises pursuant to a written

lease or other rental agreement, if such premises are located in a

building which at any time was occupied for manufacturing or warehouse

purposes and a certificate of occupancy for residential use of such

building is not in effect at the time of the last alleged acts or

incidents upon which the harassment claim is based.

4. A tenant may apply to the supreme court for an order enjoining acts

or practices which constitute harassment under subdivision one of this

section; and upon sufficient showing, the supreme court may issue a

temporary or permanent injunction, restraining order or other order, all

of which may, as the court determines in the exercise of its sound

discretion, be granted without bond. In the event the court issues a

preliminary injunction it shall make provision for an expeditious trial

of the underlying action.

5. The powers and remedies set forth in this section shall be in

addition to all other powers and remedies in relation to harassment

including the award of damages. Nothing contained herein shall be

construed to amend, repeal, modify or affect any existing local law or

ordinance, or provision of the charter or administrative code of the

city of New York, or to limit or restrict the power of the city to amend

or modify any existing local law, ordinance or provision of the charter

or administrative code, or to restrict or limit any power otherwise

conferred by law with respect to harassment.

6. Any agreement by a tenant in a written lease or other rental

agreement waiving or modifying his rights as set forth in this section

shall be void as contrary to public policy.