2006 New York Code - Certification Of No Harassment With Respect To Single Room Occupancy Multiple Dwellings.

 
    §  27-2093  Certification of no harassment with respect to single room
  occupancy multiple dwellings. a.  For  the  purposes  of  this  section,
  "harassment"  shall  mean  any  conduct by or on behalf of an owner of a
  single room occupancy multiple dwelling that includes:
    (1) the use or threatened use of force which causes or is intended  to
  cause  any  person  lawfully entitled to occupancy of a dwelling unit in
  such multiple dwelling to vacate such unit or to surrender or waive  any
  rights in relation to such occupancy;
    (2) the interruption or discontinuance of essential services which (i)
  interferes  with or disturbs or is intended to interfere with or disturb
  the comfort, repose, peace or quiet of any person lawfully  entitled  to
  occupancy  of  a  dwelling unit in the use or occupancy of such dwelling
  unit and
    (ii) causes or is intended to cause such person lawfully  entitled  to
  occupancy  of  such dwelling unit to vacate such unit or to surrender or
  waive any rights in relation to such occupancy;
    (3) the failure to comply with the  provisions  of  subdivision  c  of
  section  27-2140  of article seven of subchapter five of this code which
  causes or  is  intended  to  cause  such  person  lawfully  entitled  to
  occupancy  of  such  dwelling  unit  to vacate such unit or to waive any
  rights in relation to such occupancy; or
    (4) any other conduct which prevents or is  intended  to  prevent  any
  person  from  the lawful occupancy of such dwelling unit or causes or is
  intended to cause such person lawfully entitled  to  occupancy  of  such
  dwelling unit to vacate such unit or to surrender or waive any rights in
  relation  to  such  occupancy  including but not limited to removing the
  possessions of any occupant from the dwelling unit; removing the door at
  the entrance to the  dwelling  unit;  removing,  plugging  or  otherwise
  rendering  the  lock  on  such entrance door inoperable; or changing the
  lock on such entrance door without supplying the occupant with a key.
    b. For the purposes of any hearing held pursuant to this section,  any
  of  the  acts  or omissions described in paragraphs, one, two, three and
  four of subdivision a of this section which are committed  at  a  single
  room occupancy multiple dwelling shall be presumed to be committed by or
  on  behalf  of  the  owner  of  such  multiple  dwelling and it shall be
  presumed that such acts or omissions were committed with the  intent  to
  cause a person lawfully entitled to occupancy of a dwelling unit in such
  multiple  dwelling  to vacate such unit or to surrender or waive a right
  in relation to such occupancy.
    c. The commissioner shall certify whether there has been no harassment
  of the lawful occupants of a single room occupancy multiple dwelling, as
  such term is defined in section 27-198 of article nineteen of subchapter
  one of the building code, during the thirty-six month  period  prior  to
  the  date  of the submission of an application for a certification of no
  harassment by an owner of such multiple dwelling.  With  respect  to  an
  application  for  a  certification  of  no harassment which is submitted
  pursuant to paragraph three  of  subdivision  b  of  section  27-198  of
  article  nineteen  of  subchapter  one of the building code, the date of
  submission of such application  shall  be  deemed  to  be  the  date  of
  submission of an application for plan approval.
    d.  An application for certification of no harassment shall be in such
  form and shall contain such  information  and  provisions  as  shall  be
  prescribed by the commissioner including, but not limited to, consent by
  the  applicant  to  access to the premises by governmental agencies, and
  shall be determined in accordance with the following procedure:
    (1) Upon the receipt of an  application  for  a  certification  of  no
  harassment, the commissioner shall publish notice in such publication as
  the  commissioner  deems  appropriate  for a period of seven consecutive


  days, shall mail notice to the owner of record, such  occupants  as  the
  department   shall  identify,  such  other  interested  persons  as  the
  department shall identify, the local  community  board  and  appropriate
  government  agencies and shall post notice in a conspicuous place on the
  premises of the multiple dwelling for which the certification is sought.
    (2) The notice shall be in such form as shall  be  prescribed  by  the
  commissioner and shall state, in English and whatever other language the
  commissioner deems appropriate:
    (a)  the location and general description of the multiple dwelling for
  which the certification is sought;
    (b) a description of the certification procedure and its purpose;
    (c) the period of time for which certification is to be made;
    (d)  in  plain  language,  a  description  of   conduct   constituting
  harassment; and
    (e)  that  any  occupants or former occupants of the multiple dwelling
  for which such certification is sought  and  other  interested  persons,
  government agencies and the local community board, are invited to submit
  their  comments within thirty days of the date of such notice in writing
  or orally at a designated location.
    (3) Upon the  expiration  of  such  thirty  day  comment  period,  the
  commissioner  may  (i)  determine that no harassment has occurred within
  the stated period of time and forthwith grant such  certification,  (ii)
  determine  that  a  waiver  of  certification may be granted pursuant to
  subdivision e of this section and forthwith grant such waiver, or  (iii)
  deny  such  certification  without  a  prior hearing if there has been a
  finding by the office of rent  control,  the  conciliation  and  appeals
  board  or  any court having jurisdiction that there has been harassment,
  unlawful eviction or arson by or on behalf of the owner at the  multiple
  dwelling  for  which certification is sought during the stated period of
  time; or (iv) where there has been no prior determination of harassment,
  unlawful eviction or arson by or on behalf of the owner, provide that  a
  hearing  be  held  in  the  manner  provided  in section 27-2092 of this
  article if  the  commissioner  has  reasonable  cause  to  believe  that
  harassment  has  occurred  within  such stated period of time and that a
  waiver of certification may not be granted. At such hearing,  the  owner
  of  the  multiple dwelling for which such certification is sought, shall
  have the opportunity to be heard by the commissioner or a designee prior
  to the granting or denial of  certification  or  of  a  waiver  thereof.
  Notice  of  such  hearing  shall  be given to the applicant and to other
  interested parties, governmental agencies and local community  board  in
  the   manner   to   be  prescribed  by  rules  and  regulations  of  the
  commissioner.  Within  forty-five   days   after   such   hearing,   the
  commissioner  shall  either  grant  or deny such certification or waiver
  thereof.
    (4) If certification or a waiver thereof is  denied,  notice  of  such
  denial  accompanied  by written findings indicating the grounds for such
  denial shall be mailed to the owner of record and shall be filed in  the
  office  of  the  city  register.  Such determination shall be subject to
  review pursuant to article seventy-eight of the civil practice  law  and
  rules.
    (5)  Neither  such certification nor a waiver thereof shall be granted
  unless the applicant submits a sworn statement,  in  such  form  as  the
  commissioner shall prescribe, by all the owners of the multiple dwelling
  representing  that  there will be no harassment of the occupants of such
  multiple dwelling by or  on  behalf  of  such  owners.  The  corporation
  counsel may institute any action or proceeding in any court of competent
  jurisdiction that may be appropriate or necessary for the enforcement of
  this  representation  and  agreement.  Nothing  contained  herein  shall


  preclude an occupant of such multiple dwelling from applying on  his  or
  her own behalf for similar relief.
    *  (6)  The  commissioner  shall  promulgate  rules and regulations to
  establish procedures relating to applications for and  the  issuance  of
  supplemental certifications as required by paragraph nine of subdivision
  b of section 27-198 of the code.
 
      * NB Added L.L. 59/85 § 4, language juxtaposed per Ch. 907/85 § 14
 
    e.  The  commissioner  may  grant  a  waiver  of  certification  of no
  harassment although the  commissioner  determines  that  harassment  has
  occurred at the multiple dwelling for which such certification is sought
  during  the  thirty-six month period prior to the date of the submission
  of  an  application  for  a  certification  of  no  harassment  if   the
  commissioner finds that:
    (1)  (a)  the owner of record of the multiple dwelling with respect to
  which such certification is sought was  the  owner  of  record  of  such
  multiple  dwelling  prior to May fifth, nineteen hundred eighty-three or
  had entered into a contract of sale for the purchase  of  such  multiple
  dwelling  which  was  recorded  prior to such date or, with respect to a
  certification proceeding where the alterations sought  to  be  performed
  are of the type prescribed by regulation of the commissioner pursuant to
  subdivision b of section 27-198 of article nineteen of subchapter one of
  the building code, the owner of record of such multiple dwelling was the
  owner of record of such multiple dwelling prior to the date of the first
  publication  of the regulations requiring certification for such type of
  alterations or had entered into a contract of sale for the  purchase  of
  such multiple dwelling which was recorded prior to such date;
    (b)  such owner was not the owner of such multiple dwelling during any
  period of time in which such harassment occurred and  did  not  at  such
  multiple   dwelling   (i)   otherwise  engage  or  participate  in  such
  harassment; or (ii) with intent that harassment be performed, agree with
  one or more persons to engage in or cause the performance of harassment;
  or (iii) with intent that another person engage in conduct  constituting
  harassment, solicit, request, command, importune or otherwise attempt to
  cause such person to engage in conduct constituting harassment; and
    (c) such owner acquired title pursuant to a bona fide transaction that
  is not intended to evade the provisions of this section; or
    (2)  the  owner  acquired  the  multiple  dwelling by sale pursuant to
  foreclosure of a mortgage or pursuant to a deed in lieu  of  foreclosure
  of  a  mortgage; provided, however, that such conveyance was a bona fide
  transaction for the purpose of enforcing the debt and  not  intended  to
  evade the provisions of this section and either
    (i)  a  certification  of  no harassment or waiver thereof was granted
  with respect to such multiple dwelling within a sixty day  period  prior
  to  the  date  of  the  recording  of such mortgage and no suspension or
  rescission thereof was recorded prior to such date; or
    (ii) such mortgage was recorded prior to May fifth,  nineteen  hundred
  eighty-three,  or, if such owner is a banking organization as defined in
  section two of the  banking  law,  a  national  banking  association,  a
  federal   savings   and   loan   association,  the  mortgage  facilities
  corporation, savings  banks  life  insurance  fund,  the  savings  banks
  retirement  system,  an authorized insurer as defined in section four of
  the insurance law, or a trust company  or  other  corporation  organized
  under  the laws of this state all the capital stock of which is owned by
  at least twenty savings banks or by at least  twenty  savings  and  loan
  associations  or  a  subsidiary  corporation all of the capital stock of
  which is owned by such trust company or other corporation, a  commitment


  for  such  mortgage  was  made  prior  to  May  fifth,  nineteen hundred
  eighty-three.
    (3)  In  determining  whether  such  transaction  was  bona  fide, the
  commissioner may consider whether at such multiple dwelling or any other
  such  multiple  dwelling  such  owner  did  (i)  otherwise   engage   or
  participate  in  harassment;  or  (ii)  with  intent  that harassment be
  performed, agree with one or more persons to  engage  in  or  cause  the
  performance  of  harassment;  or  (iii)  with intent that another person
  engage in conduct constituting harassment,  solicit,  request,  command,
  importune or otherwise attempt to cause such person to engage in conduct
  constituting   harassment.   The  commissioner  may  also  consider  the
  relationship between the parties to the transaction.
    (4) A waiver of a certification pursuant  to  this  subdivision  shall
  state the findings of the commissioner.
    f.  (1)  The commissioner may rescind a certification of no harassment
  or a waiver thereof granted with respect to the alteration or demolition
  of a multiple dwelling if the commissioner  finds  that  harassment  has
  occurred   at   the   multiple  dwelling  with  respect  to  which  such
  certification or waiver thereof was issued  after  the  period  of  time
  covered   by  such  certification  but  prior  to  the  commencement  of
  substantial work pursuant to an alteration permit or  demolition  permit
  issued on the basis of such certification or waiver thereof.
    (2)  If  the  commissioner  has  reasonable cause to believe that such
  harassment  has   occurred,   the   commissioner   shall   suspend   the
  certification of no harassment or waiver thereof and upon the request of
  the  commissioner,  the  commissioner of buildings shall not approve any
  plans or issue an alteration or demolition permit with  respect  to  the
  alteration  or  demolition  of  such multiple dwelling or, if such plans
  have been approved and an  alteration  or  demolition  permit  has  been
  issued  with respect to such alteration or demolition, issue a stop-work
  notice and order pursuant to section 27-227 of  article  twenty-four  of
  subchapter  one of the building code. Notice of such suspension shall be
  mailed to the owner of record of such multiple  dwelling  and  shall  be
  filed with the city register.
    (3)  As  soon  as  reasonably possible, but not later than thirty days
  after such suspension, the commissioner shall  hold  a  hearing  in  the
  manner  provided  in  section  27-2092  of this article upon appropriate
  notice and  shall  determine  whether  to  rescind  such  certification;
  provided,  however,  that  if,  prior to the commencement of substantial
  work, the owner has been found  by  the  office  of  rent  control,  the
  conciliation and appeals board or any court having jurisdiction, to have
  engaged  in  harassment,  unlawful  eviction  or  arson  at the multiple
  dwelling,  the  commissioner  may  rescind  such  certification  without
  holding  a hearing.  At such hearing the owner shall have an opportunity
  to be heard by the commissioner or a designee of the commissioner.
    (4) If the commissioner determines not to rescind such  certification,
  the  commissioner  shall  notify  the  commissioner of buildings of such
  determination  and  any  stop-work  notice  and  order  issued  by   the
  commissioner  of buildings pursuant to paragraph two of this subdivision
  shall be vacated immediately. Notice  of  such  determination  shall  be
  mailed  to  the owner of record of such multiple dwelling and filed with
  the city register.
    (5) If the commissioner determines that such  certification  shall  be
  rescinded,  notice of such determination accompanied by written findings
  indicating the grounds for such determination shall be provided  to  the
  commissioner  of buildings and shall be mailed to the owner of record of
  such  multiple  dwelling  and  filed  with  the  city   register.   Such


  determination   shall   be   subject   to  review  pursuant  to  article
  seventy-eight of the civil practice law and rules.
    (g)  For  the  purpose of any subsequent certification proceeding with
  respect to such multiple dwelling pursuant to this section, the granting
  of a certification of no harassment or a waiver thereof for  any  period
  of  time shall be conclusive proof only for the purposes of this section
  that either no harassment occurred within the  time  period  covered  by
  such  certification  or  that  the waiver of such certification for such
  period of time was appropriate.
    h. The commissioner is authorized to establish and collect  reasonable
  fees  and  charges  from  applicants  for  the  administrative  expenses
  incurred by the department for the certification proceedings  prescribed
  in this section, including costs for publication and notices.