An owner is guilty of harassment of a rent regulated tenant in the first degree when :
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.
N.Y. Penal Law § 241.05