Tenant Protection Act Barring Harassment Is Constitutional

Landlords and the Rent Stabilization Association of NYC (RSA) sued the City of New York. They claimed that Local Law 7 of 2008, known as the Tenant Protection Act, was unconstitutional. Local Law 7 permits housing court judges to fine landlords who harass tenants up to $5,000. The law made harassment of tenants a separate housing code violation and prohibits owners from using force or threats, repeatedly interrupting or discontinuing essential services, bringing frivolous lawsuits, or substantially interfering with tenants' peace and quiet. Landlords argued that the law improperly expanded the housing court's authority and the city's Housing Maintenance Code (HMC). They also claimed that the law was too vague. The court ruled against landlords and dismissed the case. Housing court judges always have had the authority to issue violations under the HMC. The law was a valid exercise of the city's powers and gave landlords enough procedural protections. The court found that the law didn't violate landlords' due process rights.

Prometheus Realty v. City of New York: NYLJ, 8/10/09, p. 38, col. 1 (Sup. Ct. NY; Rakower, J)