(a)        Definitions

(1)        Anti-harassment area

“Anti-harassment area” shall mean the Special Hudson Yards District and Subdistrict A-2 of the Special Garment Center District.

(2)        Application date

“Application date” shall mean the date that the Department of Housing Preservation and Development accepts a completed application for a certification of no harassment for processing.

(3)        Certification of no harassment

“Certification of no harassment” shall mean a certification by the Department of Housing Preservation and Development pursuant to this Section that there has not been harassment of the lawful occupants of a multiple dwelling during the inquiry period.

(4)        Cure compliance lot

“Cure compliance lot” shall mean a zoning lot on which low income housing is provided pursuant to a restrictive declaration in accordance with the cure provisions of paragraph (d) of this Section. A cure compliance lot may be a cure requirement lot.

(5)        Cure requirement

Except as otherwise provided in paragraph (e) of this Section with respect to Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D of the Special Hudson Yards District, “cure requirement” shall mean floor area in an amount not less than the greater of:

(i)        28 percent of the total residential and hotel floor area of any multiple dwelling to be altered or demolished in which harassment has occurred; or

(ii)        20 percent of the total floor area of any new or altered building on the cure requirement lot.

(6)        Cure requirement lot

“Cure requirement lot” shall mean:

(i)        a zoning lot containing a multiple dwelling with respect to which the Department of Housing Preservation and Development has denied a certification of no harassment; or

(ii)        a zoning lot with respect to which an applicant, in lieu of seeking a certification of no harassment which would otherwise be required for the full or partial demolition or material alteration of a multiple dwelling located in the anti-harassment area, elects to seek a certification of compliance with the cure provisions of paragraph (d) of this Section and enters into a restrictive declaration.

(7)        Dwelling unit

“Dwelling unit” shall have the meaning set forth in the Multiple Dwelling Law.

(8)        Exempt hotel

“Exempt hotel” shall mean any multiple dwelling:

(i)        which is a transient hotel and was a transient hotel on the referral date;

(ii)        in which no residential occupant is, or was on the referral date, entitled to a renewal lease or otherwise entitled to continued occupancy pursuant to the Local Housing Emergency Rent Control Act, as amended, the City Rent and Rehabilitation Law, as amended, the Rent Stabilization Law of 1969, as amended, or the Emergency Tenant Protection Act of 1974, as amended; and

(iii)        which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.

(9)        Exempt institutional residence

“Exempt institutional residence” shall mean any multiple dwelling:

(i)        the occupancy of which is restricted to non-profit institutional use and was restricted to non-profit institutional use on the referral date, and

(ii)        which has been exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development.

(10)        Harassment

“Harassment” shall mean any conduct by or on behalf of an owner of a multiple dwelling that includes:

(i)        the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive any rights in relation to such occupancy;

(ii)        the interruption or discontinuance of essential services which

(a)        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 or rooming unit in the use or occupancy of such dwelling unit or rooming unit, and

(b)        causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming unit or to surrender or waive any rights in relation to such occupancy;

(iii)        a failure to comply with the provisions of subdivision (c) of section 27-2140 of article seven of subchapter five of the Housing Maintenance Code which causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such unit or to waive any rights in relation to such occupancy; or

(iv)        any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such dwelling unit or rooming unit or causes or is intended to cause such person lawfully entitled to occupancy of such dwelling unit or rooming unit to vacate such dwelling unit or rooming 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 or rooming unit; removing the door at the entrance to the dwelling unit or rooming 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.

(11)        Inquiry period

“Inquiry period” shall mean a period which:

(i)        commences upon the later of the referral date or a date which is 15 years prior to the application date, and

(ii)        terminates upon the application date;

provided, however, that the Department of Housing Preservation and Development may:

(a)        set such commencement date upon any date which is on or after the referral date and is more than 15 years prior to the application date where it determines that such extension of the duration of the inquiry period would further the purposes of this Section, and

(b)        extend such termination date up to and including the date upon which the Department of Housing Preservation and Development determines to grant or deny a certification of no harassment.

(12)        Low income housing

“Low income housing” shall mean dwelling units or rooming units occupied or to be occupied by persons or families having an annual household income at the time of initial occupancy equal to or less than 80 percent of the median income for the primary metropolitan statistical area, as determined by the United States Department of Housing and Urban Development or its successors from time to time for a family of four, as adjusted for family size.

(13)        Material alteration

“Material alteration” shall mean any alteration to a multiple dwelling or other building, including, but not limited to, an alteration which reduces or increases the floor area of the multiple dwelling or other building, converts floor area from residential to non-residential use, changes the number or layout of dwelling units or rooming units, or adds or removes kitchens or bathrooms; provided, however, that material alteration shall not include:

(i)        an incidental alteration which does not change the layout of dwelling units or rooming units, or

(ii)        a repair or replacement of existing elements of such multiple dwelling or other building without materially modifying such elements.

(14)        Multiple dwelling

“Multiple dwelling” shall have the meaning set forth in the Multiple Dwelling Law.

(15)        Referral date

“Referral date” shall mean June 21, 2004.

(16)        Restrictive declaration

“Restrictive declaration” shall mean a legal instrument which:

(i)        provides that low income housing in an amount not less than the cure requirement shall be provided in a new or altered multiple dwelling located in the anti-harassment area,

(ii)        provides that the low income housing must comply with the requirements of Section 23-90 for rental affordable housing provided without public funding, as amended by this Chapter, unless any such requirement is waived by the Department of Housing Preservation and Development,

(iii)        contains such other terms as the Department of Housing Preservation and Development shall determine,

(iv)        has been approved by the Department of Housing Preservation and Development,

(v)        runs with the land and binds all parties in interest to the cure requirement lot and their successors,

(vi)        runs with the land and binds all parties in interest to the cure compliance lot and their successors, and

(vii)        is perpetual in duration.

(17)        Rooming unit

“Rooming unit” shall have the meaning set forth in the Housing Maintenance Code.

(b)        Permit Process

(1)        Unless the Department of Housing Preservation and Development has issued a certification of no harassment pursuant to paragraph (c) of this Section or has certified compliance with the cure provisions of paragraph (d) of this Section, the Department of Buildings shall not issue a permit for:

(i)        the full or partial demolition of a multiple dwelling located in the anti-harassment area; or

(ii)        the material alteration of a multiple dwelling located in the anti-harassment area.

(2)        Any permit for alterations may be exempted from the provisions of this Section by written determination of the Department of Housing Preservation and Development that such alterations are to be performed 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 a dwelling unit or a rooming unit accessible to persons with disabilities.

(3)        The following structures shall be exempt from the provisions of this Section:

(i)        any city-owned multiple dwelling;

(ii)        any multiple dwelling which is the subject of a program approved by 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;

(iii)        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 Article 7C of the Multiple Dwelling Law;

(iv)        any exempt hotel;

(v)        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

(vi)        any exempt institutional residence.

(4)        Where the Department of Housing Preservation and Development has denied a certification of no harassment with respect to a multiple dwelling, the Department of Buildings shall not issue any permit with respect to any multiple dwelling or other building located on, or to be located on, the cure requirement lot except in accordance with paragraph (d) of this Section.

(c)        Certification of No Harassment

(1)        The Department of Housing Preservation and Development shall determine and certify whether there has been harassment of the lawful occupants of a multiple dwelling during the inquiry period.

(2)        There shall be a rebuttable presumption that any of the acts or omissions described in paragraph (a)(10) of this Section occurring within the inquiry period were committed by or on behalf of the owner of such multiple dwelling and that such acts or omissions:

(i)        were committed with the intent to cause a person lawfully entitled to occupancy of a dwelling unit or rooming unit in such multiple dwelling to vacate such unit or to surrender or waive a right in relation to such occupancy, and

(ii)        materially advanced the demolition or alteration in furtherance of which the permit and certification of no harassment are sought.

(3)        The Department of Housing Preservation and Development may promulgate rules regarding the implementation of this Section. Such rules may include, but shall not be limited to, provisions which:

(i)        establish the information to be required in an application for certification of no harassment, the form of such application, and the manner of filing of such application,

(ii)        establish reasonable fees and charges to be collected from applicants for the administrative expenses incurred by the Department of Housing Preservation and Development, including, but not limited to, costs for publication of any notices, and

(iii)        establish the duration for which a certification of no harassment will remain effective, and

(iv)        authorize the recission of a certification of no harassment if the Department of Housing Preservation and Development finds either that harassment has occurred after the inquiry period or that the application for such certification of no harassment contained a material misstatement of fact. Following such recission, the Department of Buildings may revoke any permit for which such certification of no harassment was required.

(4)        The Department of Housing Preservation and Development may refuse to accept, or to act upon, an application for a certification of no harassment where the Department of Housing Preservation and Development finds that:

(i)        taxes, water and sewer charges, emergency repair program charges, or other municipal charges remain unpaid with respect to such multiple dwelling,

(ii)        such multiple dwelling has been altered either without proper permits from the Department of Buildings or in a way that conflicts with the certificate of occupancy for such multiple dwelling (or, where there is no certificate of occupancy, any record of the Department of Housing Preservation and Development indicating the lawful configuration of such multiple dwelling) and such unlawful alteration remains uncorrected; or

(iii)        the Department of Housing Preservation and Development has previously denied an application for a certification of no harassment pursuant to this Section.

(5)        If the Department of Housing Preservation and Development determines that an application for a certification of no harassment contains a material misstatement of fact, the Department of Housing Preservation and Development may reject such application and bar the submission of a new application with respect to such multiple dwelling for a period not to exceed three years.

(6)        Before determining whether there is reasonable cause to believe that harassment has occurred with respect to any multiple dwelling, the Department of Housing Preservation and Development shall publish a notice in such form and manner as shall be specified in the rules promulgated pursuant to paragraph (c)(3) of this Section. Such notice shall seek public comment regarding whether there has been harassment of the lawful occupants of such multiple dwelling from the referral date to the date of submission of comments. If the Department of Housing Preservation and Development receives comments containing material evidence that harassment occurred on or after the referral date and more than 15 years prior to the application date, the Department of Housing Preservation and Development shall, in accordance with paragraph (a)(11) of this Section, set the commencement of the inquiry period on a date prior to the date of such alleged harassment.

(7)        The Department of Housing Preservation and Development shall determine whether there is reasonable cause to believe that harassment has occurred during the inquiry period.

(i)        If there is no reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall issue a certification of no harassment.

(ii)        If there is reasonable cause to believe that harassment has occurred during the inquiry period, the Department of Housing Preservation and Development shall cause a hearing to be held in such manner and upon such notice as shall be determined by the Department of Housing Preservation and Development, unless the applicant waives the right to a hearing. Following receipt of the report and recommendation of the hearing officer, or receipt of a waiver of the right to such a hearing from the applicant, the Department of Housing Preservation and Development shall either grant or deny a certification of no harassment.

(8)        The Department of Housing Preservation and Development may deny a certification of no harassment without a prior hearing if there has been a finding by the Division of Housing and Community Renewal or any court having jurisdiction that there has been harassment, unlawful eviction or arson at the multiple dwelling during the inquiry period.

(d)        Certification of Cure for Harassment

(1)        The Department of Housing Preservation and Development shall not certify compliance with the cure provisions of this paragraph to the Department of Buildings unless all parties in interest to the cure requirement lot and all parties in interest to the cure compliance lot have entered into a restrictive declaration.

(2)        Any permit or certificate of occupancy issued by the Department of Buildings with respect to any structure located on a cure requirement lot or a cure compliance lot shall be subject to the following conditions:

(i)        The Department of Buildings shall not issue any permit, except a permit for an alteration which is not a material alteration, with respect to any structure located on the cure requirement lot unless the restrictive declaration has been recorded in the Office of the City Register and indexed against each tax lot within the cure requirement lot and each tax lot within the cure compliance lot.

(ii)        The Department of Buildings shall not issue any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, other than any low income housing located on the cure requirement lot, until:

(a)        the Department of Housing Preservation and Development certifies that the low income housing required by the restrictive declaration has been completed in compliance with the restrictive declaration; and

(b)        the Department of Buildings has issued a temporary or permanent certificate of occupancy for each unit of such low income housing.

(iii)        The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure compliance lot. Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.

(iv)        The Department of Buildings shall include the occupancy restrictions of the restrictive declaration in any temporary or permanent certificate of occupancy for any new or existing structure or portion thereof on the cure requirement lot, except where:

(a)        the cure requirement lot is not the cure compliance lot; and

(b)        the management and operation of the cure compliance lot is wholly controlled by, and the restrictive declaration requires that management and operation of the cure compliance lot remain wholly controlled by, an independent not-for-profit administering agent that is not affiliated with the owner of the cure requirement lot.

Failure to comply with the terms and conditions set forth in the restrictive declaration shall constitute a violation, and a basis for revocation, of any certificate of occupancy containing such restriction.

(3)        No portion of the low income housing required under this Section shall qualify to:

(i)        increase the floor area ratio pursuant to the provisions of Section 23-90, as modified by the provisions of the Special Hudson Yards District and the Special Garment Center District; or

(ii)        satisfy an eligibility requirement of any real property tax abatement or exemption program with respect to any multiple dwelling that does not contain such low income housing.

(e)        Demolition in Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D

Notwithstanding any provision of paragraph (a)(5) of this Section or paragraph (d) of this Section to the contrary, with regard to any multiple dwelling to be demolished in Subareas 4 and 5 of the Hell’s Kitchen Subdistrict D of the Special Hudson Yards District, cure requirement shall mean floor area in an amount not less than the greater of:

(i)        40 percent of the total residential or hotel floor area of any multiple dwelling to be demolished in which harassment has occurred; or

(ii)        30 percent of the total floor area of any new building on the same zoning lot as the multiple dwelling to be demolished.