Application For Certification Of No Harassment

Version Effective 8/1/2018 nyc.gov/hpd Office of Enforcement & Neighborhood Services Housing Litigation Division 100 Gold Street New York, N.Y. 10038 APPLICATION FOR A CERTIFICATION OF NO HARASSMENT (223CONH224) FILING INSTRUCTIONS Requirements: A certification of no harassment ("CONH") may be required to obtain a permit from the Department of Buildings for certain types of work based on either or both of the following: the type of building (an SRO multiple dwelling) pursuant to Administrative Code 24728-107.2 and 24727-2093; and/or the location of the property pursuant to New York City Zoning Resolution 24796-110, 24793-90, 24798-70, and/or 24723-013. One application may be filed if the building is both an SRO multiple dwelling and located within one of the areas required to file for a Certification of No Harassment by the Zoning Resolution. Regardless of why a CONH is required, (i) the application process is governed by rules set forth in Chapter 10 of Title 28 of the Rules of the City of New York, and (ii) you must use this form to apply for the CONH. Property: You should only seek a CONH if the property for which you seek a CONH is: 1. A Single Room Occupancy ("SRO") multiple dwelling) For the purposes of this application, "SRO multiple dwelling" has the meaning specified in Administrative Code 24728-107.2. A single room occupancy multiple dwelling means: A 223class A multiple dwelling224 used in whole or part as a 223rooming house224 or 223furnished room house,224 or for 223single room occupancy224 pursuant to section 248 of the New York state multiple dwelling law; A 223class A multiple dwelling224 containing 223rooming units224; or A 223class B multiple dwelling.224 And/Or 2. A multiple dwelling or interim multiple dwelling located in one of the following geographic areas (as specified in the New York City Zoning Resolution): The Special Clinton District - 247 96-110; or The Special Hudson Yards District 226 247 93-90; or The Special Garment Center District 226 247 93-90; or The Greenpoint-Williamsburg anti-harassment area 226 247 23-013; or The Special West Chelsea District 226 247 98-70 and 247 93-90. If the property fits one of the SRO exceptions as outlined in Administrative Code 24728-107.2 and is not located in any of the geographic areas specified above, you may file an 223Application for an Exemption from the Certification of No Harassment Requirement.224 This application can be found at nyc.gov/hpd. If the property does not fall into any of these categories, a CONH is not required. Work: Regardless of the type or location of the property, a CONH is not required for all types of work. You should refer directly to the Administrative Code and/or the New York City Zoning Resolution to determine whether a CONH is required. You may also consult with the Department of Buildings. Completing the Application: All sections must be fully completed. You must enter the BIN in question 1. The BIN can be found by searching the address through the Department of Building222s Building Information system at nyc.gov/buildings. This version of the application must be used effective August 1, 2018. American LegalNet, Inc. www.FormsWorkFlow.com Who May Apply: The applicant must be an individual natural person and must be either (i) a title holder, a contract vendee in possession, or a net lessee under a lease with at least 10 years remaining in its term ("owner"), or (ii) a principal or officer of an owner who is authorized to sign on behalf of and bind such owner. If the applicant does not have legal authority to authorize the Department of Housing Preservation and Development ("HPD") to enter all common areas of the property (for example, if the applicant is a contract vendee or is an owner who has leased the property to someone else), then the application must also be signed by an individual natural person who has such authority. If the applicant is a contract vendee, then the application must also be signed by an individual natural person who is authorized to sign on behalf of the title holder. Opinion of Counsel: If title to the property is held by an entity rather than by a natural person, submit a letter from an attorney stating that: Based on the examination of the Company222s organizational documents such as (specify which documents were consulted), you represent that the entity (name of entity) is in good standing with the Department of State, New York State. The applicant222s relationship (official title) to the Entity. The applicant (name of applicant) is authorized to make all representation before DHPD on behalf of the Entity and is authorized to file the Application for Certificate of No Harassment on behalf of the Entity. The applicant (name) is authorized to bind the Entity (name) with regard to the filing of the Application for CONH. Number of Copies: Submit one original and one copy of this application and all supporting documents. Fee: Enclose a certified or bank check or a money order payable to "NYC Commissioner of Finance" for the following amount: $160 per dwelling unit in the building. (The total dwelling unit count used to calculate the total fee for the building should match the certificate of occupancy, original certified letter from the Department of Buildings submitted with the application or HPD222s record of the building configuration. Inquiry Period: As used below, "inquiry period" means: Three years before the date of the application if the property contains an SRO multiple dwelling, unless it is located in one of the five geographic areas described below (in which case the "inquiry period" as used in this application is the date specified for that geographic area); September 5, 1973 if the property is located in the Special Clinton District; June 21, 2004 if the property is located in the Special Hudson Yards District; June 21, 2004 if the property is located in Preservation Area P-2 of the Special Garment Center District; October 4, 2004 if the property is located in the Greenpoint-Williamsburg anti-harassment area; or December 20, 2004 if the property is located in the Special West Chelsea District. You must indicate if a building is BOTH an SRO AND located in one of the Special Zoning Districts by checking each applicable box in question 1 of the application. You must use the earliest inquiry period start date as the date from which to provide applicable information. Required Documents: Please submit the following documents with your application. Please note that if any of the required documentation is missing, HPD may reject the application. In conjunction with questions 8 and 9: o Original certified copies of all recorded deeds from the Department of Finance for current and prior owners who owned the property since the inquiry period start date. In conjunction with question 8, if the current title to the property is held by an entity, provide documentation in support: o Articles of Organization, operating agreement or LLC resolution, as well as the NYS filing receipt for the entity and a Certificate of Good standing. Copy of your permit application to the Department of Buildings (223DOB224) (if one was submitted). Original certified copy of the Certificate of Occupancy, if one exists. o If no Certificate of Occupancy exists, attach an original certified letter from the DOB stating that the building does not have one. Original documentation of mortgages and any net leases for the subject property during the inquiry period. American LegalNet, Inc. www.FormsWorkFlow.com Supporting documentation of any criminal convictions and proceedings (see question 17). HPD, at its discretion, may require a copy of the architectural plans. Rent registrations filed with HCR within the inquiry period. Submission Method: Submit the application and fee by mail (regular, certified, or registered), private courier, or hand delivery. Hand deliveries are only accepted Monday through Friday from 9 a.m. to 11 a.m. Submission Location: Submit the application and fee to Anti-Harassment Unit, Department of Housing Preservation and Development, 100 Gold Street, Room 6Z New York, NY 10038, Attention: Rhonda Waldon. Inquiries: Direct all