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Certification of No Harassment

A Certification of No Harassment (CONH) is issued by the NYC Department of Housing Preservation and Development (HPD). In certain circumstances, as required by the Zoning Resolution and the Administrative Code, work permit applicants are required to submit a CONH to DOB prior to approval of covered categories of work.

Depending on the scope of work, a CONH may be required if the building is:

  • A single room occupancy multiple dwelling.
  • A building in the CONH Pilot Program.
  • A building located in a special purpose district that requires a CONH under the Zoning Resolution. Special districts that may require a CONH include:
    • Greenpoint Williamsburg Special District
    • Special Clinton District
    • Special Hudson Yards District
    • Special West Chelsea District
    • Special Garment Center District

Covered Categories of Work

Single Room Occupancy (SRO) Multiple Dwellings

Applications for the approval of construction documents for the following categories of work in SROs are covered by this article:

  1. Demolition of a single room occupancy multiple dwelling;
  2. Alteration of a single room occupancy multiple dwelling to a Class A multiple dwelling to be used in whole or in part for other than single room occupancy purposes;
  3. Alteration of a single room occupancy multiple dwelling resulting in the removal or addition of kitchen or bathroom facilities; and
  4. Such other types of alteration work to a single-room occupancy multiple dwelling as shall be prescribed by rule of the Commissioner of Housing Preservation and Development, in consultation with the Commissioner of Buildings.

Exceptions

Applicants for covered categories of work are not required to submit a CONH if:

  • The work is solely for the purpose of either (i) making the public areas of a multiple dwelling accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or; (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with disabilities.
  • The repairs, demolition or any other work will be performed by a City agency or by a contractor pursuant to a contract with a City agency.

HPD CONH Pilot Program Buildings

Applicants for Covered Categories of Work in a CONH pilot program building may be required to submit a CONH to the Department prior to approval of their plans. (NYC Administrative Code §28-505.3).

Covered Categories of Work

  1. Demolition of all or part of the pilot program building
  2. Change of use or occupancy of all or part of a dwelling unit, any residential portion of the pilot program building, or any part of such building serving such dwelling units;
  3. Any alteration resulting in the addition or removal of kitchen or bathrooms, an increase or decrease in the number of dwelling units, or any change to the layout, configuration, or location of any portion of any dwelling unit;
  4. An application for a new or amended Certificate of Occupancy; or
  5. Removal of a central heating system and replacement with an individually metered heating system.

Exceptions

Applicants for covered categories of work are not required to submit a CONH if:

  • The work is solely for the purpose of either (i) making the public areas of a pilot program building accessible to persons with disabilities without altering the configuration of any dwelling unit or rooming unit or (ii) making the interior or the entrance to a dwelling unit or a rooming unit accessible to persons with
  • The repairs, demolition or any other work will be performed by a City agency or by a contractor pursuant to a contract with a City agency.
  • The work will be performed on a building that has an administrator currently appointed pursuant to Article 7-A of the Real Property Actions and Proceedings Law

Special Purpose Districts

Applicants for alteration work in the following special zoning districts may be required to submit a CONH to DOB prior to approval of plans (RCNY §10-02):

  • Special Clinton District (NYC Zoning Resolution, §§ 96-108--110)
  • Special Hudson Yards/Garment Center District (NYC Zoning Resolution, §93-00)
  • Greenpoint-Williamsburg Special District (NYC Zoning Resolution, §23-013, §93-00)
  • Special West Chelsea District (NYC Zoning Resolution, §98-00, §93-00)

Additional Information