NYC Council Legislators Seek to Tackle Illegal Evictions, Tenant Harassment, and Summer Temperature Control
Package of Bills Seeks to Create Stronger Penalties, More Recourse for Tenants, and Temperature Control
NYC Council legislators hashed out some legal issues on Tuesday in a package of bills aimed at creating stronger penalties against illegal evictions, more recourse for tenants, and temperature control for renters in the summer.
Gaps in Enforcement
Even though it is illegal to evict long-term tenants without going through Housing Court, extra-judicial evictions are common in New York. Brooklyn City Council Member Sandy Nurse said that, in her experience as a legislator responding to illegal lockouts in her district, she learned that there are gaps in enforcement and the ability to get a tenant back in their residence after being unlawfully kicked out.
Proposed Legislation
The bills that Nurse has introduced would:
- Expand the definition of tenant harassment to include unlawful evictions
- Ensure lawful occupants without certain long-term tenants’ rights could still qualify for injunctive relief
- Increase penalties for unlawful evictions
- Create a lock-change procedure to get tenants who were illegally locked out back in their homes
Legislative Hearing
The legislation also included a resolution urging the state Legislature to pass bills requiring unlawful eviction cases to be heard within five days, and that building owners be subject to minimum temperature requirements during the summer through the installation of cooling units in residential buildings.
During the hearing of the Council’s Committee on Housing and Buildings, representatives of the Department of Housing and Preservation pushed back on several of the City Council anti-lockout and tenant harassment bills for legal and procedural reasons, despite their general agreement with the legislation’s intent.
Challenges and Concerns
The Department of Housing and Preservation raised concerns about several of the proposed bills, including:
- The ability of NYPD officers to change the locks on dwellings of people who have been illegally locked out, as they often don’t have enough evidence to determine who is the rightful occupant
- The potential impact on the slow housing court system of providing injunctive relief for occupants without long-term tenants’ rights
- The need to consider the implementation timelines, existing technology funding limitations, and the needs of residents when addressing air conditioning enforcement in the summer
Conclusion
The proposed package of bills aims to tackle the issues of illegal evictions, tenant harassment, and summer temperature control, but the challenges and concerns raised by the Department of Housing and Preservation highlight the need for further consideration and refinement of the legislation.
FAQs
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Q: Why are extra-judicial evictions common in New York?
A: Even though it is illegal to evict long-term tenants without going through Housing Court, extra-judicial evictions are common in New York due to gaps in enforcement and the ability to get a tenant back in their residence after being unlawfully kicked out. -
Q: What are some of the proposed bills aiming to address tenant harassment?
A: The proposed bills aim to expand the definition of tenant harassment to include unlawful evictions, ensure lawful occupants without certain long-term tenants’ rights can still qualify for injunctive relief, increase penalties for unlawful evictions, and create a lock-change procedure to get tenants who were illegally locked out back in their homes. - Q: How does the Department of Housing and Preservation plan to address air conditioning enforcement in the summer?
A: The Department of Housing and Preservation agrees with the intent of the legislation regarding air conditioning enforcement in the summer, but is concerned about implementation timelines, existing technology funding limitations, and the needs of residents.
