Application For Exemption From Certification Of No Harassment Requirement

nyc.gov/hpd Office of Enforcement & Neighborhood Services Housing Litigation Division 100 Gold Street New York, N.Y. 10038 APPLICATION FOR AN EXEMPTION FROM THE CERTIFICATION OF NO HARASSMENT REQUIREMENT INSTRUCTIONS This is an application for an Exemption from the requirement of obtaining a Certification of No Harassment . Below is a summary of the possible dwellings and multiple dwellings located in a Special Zoning District. Be sure to indicate the requirement type (SRO, Special Zoning District) and number designation of the exemption you are seeking in question 2. You may seek an exemption from the CONH requirement for SRO buildings if the subject building is one of the following exceptions, as defined in 24728-107.2 of the New York Administrative Code: 1. A College or School Dormitory; 2. A Clubhouse; 3. A Luxury Hotel. This is defined as a single room occupancy multiple dwelling in which the rent on May 5, 1983, exclusive of governmentally assisted rental payment charged for seventy-five percent or more of the total number of occupied individual dwelling units was more than fifty-five dollars ($55.00) per day for each unit rented on a daily basis, or more than two hundred and fifty dollars ($250.00) per week for each unit rented on a weekly basis or more than eight hundred and fifty dollars ($850.00) per month for each unit rented on a monthly basis; 4. Residence whose occupancy is restricted to an institutional use such as housing intended for use primarily or exclusively by the employees of a single company or institution; 5. A City-owned multiple dwelling; 6. Any multiple dwelling containing fewer than nine class B dwelling units used for single room occupancy unless the total number of such units is more than fifty percent of the total dwelling units in such multiple dwelling. For example, a building containing eight single rooms and eight apartments would qualify, but one containing eight single rooms and fewer than eight apartments would not qualify; and 7. Any class A or B multiple dwelling which is (a) the subject of a program approved by the Commissioner of Housing Preservation and Development and related to the rehabilitation of a single room occupancy multiple dwelling or the provision of housing for persons of low or moderate income, other than a program consisting solely of real property tax abatement or tax exemption and (b) exempted from the provisions by the Commissioner of housing preservation and development. You may seek an exemption from the Special Zoning District CONH requirement if the subject building is one of the following, as defined in 24796-110 (b)(2) of the Zoning Resolution of the City of New York: 1. Any city-owned multiple dwelling; 2. Any multiple dwelling which is the subject of a program approved by the Department of Housing Preservation and Development for the provision of housing for persons of low or moderate income and has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development; 3. Any multiple dwelling initially occupied for residential purposes after January 1, 1974, except for buildings which are or have been interim multiple dwellings pursuant to Article7C of the Multiple Dwelling Law; 4. Any exempt hotel (for further clarification, see 24796-110(a)(6)(i) and (ii)); 5. Any multiple dwelling in which occupancy is restricted to clubhouse or school dormitory use and occupancy was restricted to clubhouse or school dormitory use on the referral date; and 6. Any exempt institutional residence (for further clarification, see 24796-110(a)(7) (i) and (ii)) American LegalNet, Inc. www.FormsWorkFlow.com Special Zoning Districts include: The Special Clinton District- 247 96-110; or The Special Hudson Yards District- 247 93-90; or The Special Garment Center District- 247 93-90; or The Greenpoint-Williamsburg anti-harassment area- 247 23-013; or The Special West Chelsea District- 247 98-70 and 247 93-90. 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. Original certified copies of all deeds for all current and prior owners who owned the property since the inquiry period start date. 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. 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 any net leases for the subject property during the inquiry period. HPD, at its discretion, may require a copy of the architectural plans. 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. system at nyc.gov/buildings. This version of the application must be used effective March 1, 2018. 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: were consulted), you represent that the entity (name of entity) is in good standing with the Department of State, New York State. hip (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: There are no fees to process this application. Submission Method and Location: Submit the application by mail (regular, certified, or registered), private courier, or hand delivery. Hand deliveries are only accepted Monday- Friday from 9 a.m. to 11 a.m. American LegalNet, Inc. www.FormsWorkFlow.com Submission Location: Submit the application to the Anti-Harassment Unit, Department of Housing Preservation and Development, 100 Gold Street, Room 6P6 New York, NY 10038, Attention: Rhonda Waldon. Inquiries: Direct all inquiries regarding this application to: (212) 863-8266. Additional Pages: If the answer to any question in this application requires additional space, please add pages to the application as necessary. For each such page, (i) clearly indicate the number of the question to which it pertains at the top of the page, and (ii) insert the page into the application immediately following that question. American LegalNet, Inc. www.FormsWorkFlow.com APPLICATION FOR AN EXEMPTION FROM THE CONH REQUIREMENT Rev. July 2018 1 1. Property: Identify the property that is the subject of this application ("property"). Borough: Manhattan Brooklyn Bronx Que