If your building contains “B” class units (also known as SROs) or if it has been listed and designated by NYC Dept. of Housing Preservation and Development (DHPD) as part of the Pilot Program, or if it is in a Special District, you must obtain a Certification of No Harassment (“CONH) before the NYC Dept. of Buildings will issue a building permit for covered work (which is basically how the work impacts tenants). Our firm has extensive experience is guiding you through the “CONH” process. DHPD describes this Program as follows:

Under local law, if a residential building meets any of the following criteria the property owner must apply for and receive a Certification of No Harassment (CONH) 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 part thereof. See “Covered Categories of Work” section below.

These requirements apply if the building is:

  • a single room occupancy multiple dwelling (SRO). A single room occupancy multiple dwelling is:
  • a “class A multiple dwelling” used in whole or part as a “rooming house” or “furnished room house,” or for “single room occupancy” pursuant to section 248 of the New York state multiple dwelling law;
  • a “class A multiple dwelling” containing “rooming units”; or
  • a “class B multiple dwelling.”

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 – § 96-110; or
  • The Special Hudson Yards District – § 93-90; or
  • The Special Garment Center District – § 93-90; or
  • The Greenpoint-Williamsburg anti-harassment area – § 23-013; or
  • The Special West Chelsea District – § 98-70 and § 93-90.”

To see if your building is listed on the Pilot Program Building List, click here.

DHPD has also provided maps of the Special Districts listed here which must also be reviewed. Covered work requiring a CONH includes:

  • Full and partial demolition of the building
  • Change of use or occupancy for:
    • all or part of a dwelling unit
    • any residential portion of the building
  • Any alteration which would:
    • add or remove kitchens or bathrooms
    • increase or decrease the number of dwelling units
    • change the layout, configuration, or location of any
      portion of a dwelling unit
  • Application for a new or amended Certificate of Occupancy
  • Removal of a central heating system and replacement with
    an individually metered heating system (only for CONH Pilot
    Program buildings)

As the City notes on HPD’s website: “The CONH process is intended to ensure that the owner or its predecessors did not further 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 Rules for applying for a CONH can be found at:

One of the primary areas that DHPD is concerned about is how any apartment that is vacant became vacant and that the Owner complied with the Anti-Harassment Statute requirements, which are part of the Housing Maintenance Code (“HMC”) of the City of New York. Click here for a link (See page 8).

Let Us Help

Give us a call at (516) 569-9539 or send us a few details below. We’re ready to help with your challenges.