In New York City’s real estate market, compliance is key. One crucial NYC real estate compliance requirement is obtaining a Certificate of No Harassment (CONH) from the NYC Department of Housing Preservation and Development (HPD). A CONH is a certificate verifying that no tenant harassment has occurred at a property during a prescribed look-back period. This program exists to discourage landlords from forcing out or intimidating tenants in order to renovate or redevelop buildings. In fact, the CONH requirement was “designed to create a disincentive towards tenant harassment” by making owners prove there’s no history of harassing tenants before certain building permits are granted. Failing to navigate this process correctly can derail a development project, so it’s essential for developers and property owners to understand the CONH rules. This guide will explain what a CONH is, who needs it, how to get it and the penalties for non-compliance.
What Is a Certificate of No Harassment and Why Does It Exist?
A Certificate of No Harassment (CONH) is an official document issued by HPD stating that no lawful tenants at the building have been harassed within a specified inquiry period. In other words, HPD certifies that the owner (and any prior owners during that period) did not engage in tenant harassment – actions intended to pressure or force tenants to vacate, such as threats, intimidation, illegal evictions, or intentionally cutting off services. The CONH requirement was established as a safeguard to protect tenants. Owners cannot obtain permits for major construction or demolition unless they have a clean record of treating tenants lawfully during the review period
By tying construction permits to tenant treatment, NYC aims to prevent landlords from harassing or displacing tenants just to clear a building for renovations or redevelopment. This program has roots in older anti-harassment laws (for example, in Hell’s Kitchen since the 1970s and citywide Single-Room Occupancy (SRO) laws) and was expanded significantly in recent years to further strengthen tenant protections.
In summary, the CONH exists to protect tenants and promote ethical development. If an owner cannot prove “no harassment,” they cannot easily convert or demolish the building. For developers and property owners, this means early compliance is critical – before you even apply to the Department of Buildings (DOB) for most major work, you must secure a CONH from HPD if your building is covered.
Who Is Required to Obtain a CONH? (Building Types and Triggers)
Not all NYC buildings need a Certificate of No Harassment – it is required only for certain types of properties and in certain situations. Owners must obtain a CONH before applying for DOB permits to change use/occupancy or demolish a building if the building meets any of these criteria:
- Single Room Occupancy (SRO) Buildings – Citywide: All Class A multiple dwellings used as SROs or rooming houses, or any Class B multiple dwellings are subject to CONH requirements.
- SRO buildings (often older tenement or hotel-style buildings with single-room units) have long been protected by anti-harassment rules. If you plan to alter an SRO (for example, converting it to apartments), you will need a CONH first.
- Buildings in Special Anti-Harassment Zones – NYC has designated certain geographic areas as anti-harassment zones in its Zoning Resolution. If a property is a multiple dwelling located in any of these areas, a CONH is mandatory before major alterations or demolition: the Special Clinton District (Hell’s Kitchen), Special Hudson Yards District, Special Garment Center District, the Greenpoint-Williamsburg Anti-Harassment Area, or the Special West Chelsea District.
- These areas have a history of tenant displacement, so the city requires extra scrutiny there.CONH Pilot Program Buildings – In 2018, NYC launched a CONH Pilot Program targeting buildings likely to have harassment risks. The pilot program (initially set by Local Law 1 of 2018) created a list of specific multi-unit buildings that must get a CONH for certain work.
- The criteria include buildings with 6 or more units that have a history of distress or bad conditions – for example, buildings with numerous violations or a recent vacate order by the city, or buildings that have been through certain enforcement programs (like the Alternative Enforcement Program or 7A administrator program).
- If your building is on the CONH Pilot Program list, you fall under these rules. (HPD maintains an updated list of addresses in the pilot program.) Notably, this pilot was extended through September 27, 2026 by Local Law 140 of 2021, so it remains in effect as of 2025.
Typical Triggers for CONH – Even if a building is covered as above, a CONH is usually only required when you seek certain kinds of building permits. The rule of thumb is that any major renovation, demolition, or change that would impact residential use or layout will trigger the CONH requirement. Covered work includes:
- Changing the use or occupancy of any part of the building (for instance, converting residential units to commercial use, or vice versa).
- Increasing or decreasing the number of dwelling units (e.g. combining units or splitting units) or altering the configuration of apartments (such as adding/removing kitchens or bathrooms).
- Full or partial demolition of the building structure.
- Obtaining a new or amended Certificate of Occupancy for the building (which typically accompanies major alterations).
In essence, if you own a covered building (SRO, special district, or pilot-listed property) and you plan to do significant work – like a major rehab, conversion, or teardown – you must apply to HPD for a Certificate of No Harassment first. The DOB will not issue the building permit until you have that CONH in hand.
How to Obtain a CONH: Application Process, Timeline, and Requirements
Obtaining a Certificate of No Harassment is a multi-step process that involves careful preparation, submission of evidence, and patience while HPD investigates. Below is an overview of the process, including the timeline, documents, and fees involved:
Prepare the Application & Documentation:
The property owner (or their representative) must fill out HPD’s official CONH application form – available online via the HPD Enforcement Portal or as a paper form. Along with the form, you need to submit a package of required documents. These typically include: proof of current ownership and a chain of title (e.g. certified copies of all deeds going back to the start of the inquiry period), any corporate ownership documents (if the owner is an LLC or corporation), the building’s Certificate of Occupancy (or a letter from DOB if none exists), records of any mortgages or long-term leases, and rent rolls or rent registration histories for the units.
You’ll also list all tenants and any vacancies or turnovers, and disclose any prior proceedings related to harassment or housing violations. Essentially, HPD asks for everything needed to examine the building’s tenancy history during the “inquiry period” (which is typically the past 3 years for SRO buildings, or a longer period in certain zones – for example, as far back as 1973 in the Special Clinton District). Finally, a fee must be paid with the application – currently $160 per dwelling unit in the building (For example, a 10-unit building would incur a $1,600 fee.)
Submission to HPD and Initial Review: Once your application package is complete, you submit it to HPD’s CONH Unit (either online or via mail/hand delivery). HPD will review the application for completeness. If anything is missing, they may reject or require additional info, so it’s important to get it right the first time. After HPD accepts the application, the clock starts on their investigation. HPD will notify the building’s tenants, community boards, and local elected officials that a CONH application has been filed.
This notification triggers a 30-day comment period during which current (and some former) tenants can send HPD comments or evidence if they feel harassment occurred.
The idea is to give tenants a voice in the process.
HPD Investigation:
With the application materials and any tenant input, HPD conducts a thorough investigation of the building’s history during the inquiry period. They will look at records of housing code violations, tenant complaints, prior legal cases or administrative proceedings (such as cases with the state housing agency or housing court), and any evidence of harassment (e.g. evidence of illegal lockouts, threats, unexplained service outages, or other tactics that might have been used to make tenants leave). This investigation can include site inspections and interviews. Importantly, HPD isn’t limited to the current owner’s actions – harassment by any owner or agent during the inquiry period counts, so a predecessor’s behavior can impact a new owner If HPD finds no substantial evidence of harassment, they will approve and issue the Certificate of No Harassment. If possible evidence of harassment is found, the process escalates to the next step.
OATH Hearing (if Harassment Alleged):
When HPD believes there is “reasonable cause” that harassment occurred, they will not immediately deny the CONH – instead, the case is referred to the Office of Administrative Trials and Hearings (OATH) for a formal hearing An OATH hearing is like a trial where the property owner and HPD (and sometimes tenants or advocates) present evidence and testimony, but it’s less formal than a court trial. The OATH judge will evaluate whether harassment took place during the inquiry period. As an owner, this is your chance to disprove harassment allegations – for example, showing that tenant vacancies were voluntary and not the result of pressure, or that any service interruptions were due to genuine repairs, etc. After the hearing, the OATH officer issues a report with findings and a recommendation.
HPD Decision and Certificate Issuance:
The final decision rests with the HPD Commissioner (or their designee). They review the OATH report and then determine whether to issue the CONH or deny it If no harassment was found, HPD issues the Certificate of No Harassment, and the owner can then proceed to file for the DOB permit. (HPD will provide a copy of the CONH that you submit with your building permit application as proof.) If harassment was found, HPD will deny the CONH, and the consequences described in the next section come into play.
Timeline:
The CONH application process takes time, often many months. The exact timeline can vary widely depending on the complexity of the case and HPD’s caseload. In straightforward cases (with no evidence of harassment and quick processing), it might be a few months; but if a hearing is required, it can stretch much longer. Developers and consultants note that owners should “anticipate at least a year” for the CONH process in many case. During this period, you generally cannot obtain your DOB permit to start the major work, so this waiting time needs to be factored into project schedules. In practice, it means you should apply for the CONH as early as possible in your project planning.
Consequences of Failing to Obtain a CONH (or Harassment Findings):
Failing to secure a required Certificate of No Harassment can have serious repercussions for a project. NYC’s rules make the CONH a gatekeeper for development in covered buildings. Here are the key consequences and penalties if you don’t comply or if harassment is found:
- No Building Permit: Simply put, you will not be able to get the necessary DOB permit for the renovation, alteration, demolition, or change-of-use you planned without a CONH. The Department of Buildings will refuse to approve the permit application unless an active CONH is on file for the property.
- This essentially halts your project at the starting line. (In some cases, owners try to evade this by filing for smaller work not flagged by CONH rules, but doing unauthorized work or exceeding permit scope is illegal and risky – the city can and will issue Stop Work Orders and violations if you attempt construction without the proper CONH and permits, as some owners have learned the hard way.)
- Stop Work Orders and Fines: If an owner ignores the requirement and proceeds with construction without a CONH when one was required, the project is subject to enforcement action. DOB inspectors can issue a Stop Work Order, shutting down the site, and levy fines for work without proper permits. Additional penalties could include litigation or even criminal charges in egregious harassment cases. Essentially, proceeding without a CONH will likely cause project delays, legal trouble, and increased costs – an outcome to be avoided.
- Denial of CONH (Harassment Found): The worst-case scenario is if HPD finds that harassment did occur and denies the Certificate of No Harassment. In this case, the law imposes a moratorium on the owner’s ability to significantly alter or demolish the building for a period of years.
- Typically, that period is five (5) years – meaning for five years you cannot get permits for the planned work and essentially must leave the building as-is.
- Five years is a long time in development, and this delay can be financially devastating for a project. There is an alternative path in some cases: if a CONH is denied due to harassment, certain programs allow the owner to proceed sooner only if they commit to an expensive “cure” – namely, adding a prescribed amount of affordable housing as part of the project. For example, under the pilot program, an owner can offset a harassment finding by providing a percentage of new units as permanently low-income housing (with no city subsidies) to “cure” the harassment
- This cure option, however, is a costly remedy and not always feasible (especially for smaller projects), so it’s considered a significant penalty in itself.
- Public Reputational Impact: While not a formal penalty, it’s worth noting that a harassment finding becomes part of the public record. Community groups and officials are notified of CONH applications and outcomes. Being flagged for tenant harassment can damage a landlord’s reputation and relationships with the community and regulators. This can lead to increased scrutiny on your other properties and projects.
In short, the penalties for failing to obtain a CONH when required – or for engaging in tenant harassment, are extremely severe. You could be blocked from building for years or forced to incorporate below-market units to make amends. For any property owner or developer, it is far better to comply proactively than to face these outcomes.
Conclusion
For commercial developers and property owners, navigating NYC real estate compliance issues like the CONH can be challenging. Parkbench Architects has the experience and expertise to guide you through the CONH application process from start to finish. We’re here to help you successfully comply with NYC’s regulations and achieve your real estate goals – without harassment headaches.
