Certificate Of No Harrassment (CONH)
A Certificate of No Harassment (CONH) is required for alteration jobs involving Single Room Occupancies (SRO), as prescribed in the NYC Administrative Code section §28-107.3. In accordance with this provision, applicants working on SROs are required to submit an HPD3 Form
certifying that a job relates or does not relate to work requiring a CONH.
§28-107.3 Covered Categories of Work
Applications for the approval of construction documents for the following categories of work are covered by this article:
Demolition of a single room occupancy multiple dwelling;
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;
Alteration of a single room occupancy multiple dwelling resulting in the removal or addition of kitchen or bathroom facilities; and
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.
Work 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 shall not be covered by this article.
Repairs, demolition or any other work performed by a city agency or by a contractor pursuant to a contract with a City Agency shall not be covered by this article.
CONHs are also required for alteration work performed in the following special districts, per Rules of the City of New York §10-02:
Districts where alteration work requires a CONH from HPD include:
- Special Clinton District
- Hudson Yards/Garment Center
- West Chelsea
§10-02 Scope of Rule
(a) The requirements of this chapter apply to certifications, exemptions, and waivers pursuant to Administrative Code §28-107.1 et seq., Administrative Code §27-2093, Zoning Resolution §96-110, Zoning Resolution §93-90, Zoning Resolution §98-70, Zoning Resolution §23-013, and any subsequently enacted provision of the Administrative Code or Zoning Resolution which authorizes HPD to make determinations concerning certifications, exemptions, or waivers.
(b) 1 With regard to single room occupancy multiple dwellings, a certification shall be required where mandated pursuant to Administrative Code §28-107.1 et seq. and Administrative Code §27-2093. In accordance with the authority of the Commissioner pursuant to Administrative Code §28-107.3(4) to prescribe by regulation other types of alteration work, a certification shall be required where the application and plans filed with DOB seek to:
(i) Increase or decrease the number of dwelling units;
(ii) Alter the layout, configuration or location of any portion of a dwelling unit;
(iii) Increase or decrease the number of residential kitchens or residential bathrooms;
(iv) Alter the layout, configuration or location of any portion of a residential kitchen or residential bathroom;
(v) Demolish or change the use or occupancy of any dwelling unit and/or any portion of the building serving the dwelling units.
2 Where the application and the accompanying plans submitted to DOB do not provide for any such changes, a certification shall not be required pursuant to Administrative Code §28-107.3(4), but may be required pursuant to other provisions of Administrative Code §28-107.1 et seq. or pursuant to the Zoning Resolution.
(c) With regard to properties located in the Special Clinton District defined in Article XI, Chapter 6 of the Zoning Resolution (§96-00 et seq.), a certification shall be required where mandated pursuant to the terms of such Article and Zoning Resolution §96-110.
(d) With regard to multiple dwellings located in the anti-harassment area defined in Zoning Resolution §93-90 (Hudson Yards/Garment Center), a certification shall be required where mandated pursuant to the terms of such section.
(e) With regard to multiple dwellings located in the anti-harassment area defined in Zoning Resolution §23-013 (Greenpoint-Williamsburg), a certification shall be required where mandated pursuant to the terms of such section and New York City Zoning Resolution §93-90.