Under local law, a property owner must apply for and receive a Certification of No Harassment (CONH) from the Department of Housing Preservation and Development (HPD) before applying to the Department of Buildings (DOB) for a permit to change the use or occupancy of a building or to demolish a building or any parts, if a residential building meets any of the following criteria:

• A single room occupancy multiple dwelling (SRO)
• 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
  • The Special Hudson Yards District
  • Preservation Area P-2 of the Special Garment Center District
  • The Greenpoint-Williamsburg anti-harassment area
  • The Special West Chelsea District

The CONH process works to ensure that the owner or predecessors did not go ahead with proposed alteration or demolition projects by harassing lawful occupants into leaving or otherwise depriving lawful occupants of their rights during the statutory review period. The Housing Litigation Division (HLD) investigates to determine whether harassment occurred during the applicable inquiry period.

If HPD determines that there is reasonable cause to believe that harassment occurred, HLD initiates HPD's case at the Office of Administrative Trials and Hearings (OATH), which makes findings as to whether harassment occurred. Based on OATH’s recommendations, HPD’s Commissioner or a designee then determines whether to issue the CONH. A denial of the CONH prevents the owner from obtaining any permits to materially alter or demolish the building for a period of years under the applicable law.

To apply for a CONH, a property owner must complete the application and pay the required fee as noted on the application.

Learn more about Certification of No Harassment or Exemption.