Harassment Bill Passed By City Council

On February 27, the City Council, led by Speaker Christine Quinn, passed legislation that will enable tenants to sue owners for harassment in Housing Court. The bill, known as Intro. 627-A, passed in spite of strong objections by RSA representatives, who argued that numerous criminal and civil laws banning harassment already exist, and that frivolous claims of harassment will be brought to Housing Court to delay non-payment and holdover proceedings.

Judge Anne Phau, the Chief Administrative Judge of the State Office of Court Administration, wrote against the bill, concerned about its adverse impact on Housing Court. In spite of these objections, and the possible illegality of including harassment within the Housing Maintenance Code, the City Council passed the bill, which was supported by the Department of Housing Preservation and Development and is expected to be signed by the Mayor. The provisions of the bill are summarized on page 5 of the March 2008 RSA Reporter.

Owners concerned about frivolous claims should talk to their attorneys about ways to protect themselves, such as written documentation of all communications with tenants, photos of the premises, and contractor’s bills detailing maintenance and repair work.