For purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301 or within this Section.

Certification of no harassment

“Certification of no harassment” shall mean a certification by the Department of Housing Preservation and Development pursuant to Section 96-110 that there has not been harassment of the lawful occupants of a multiple dwelling during the inquiry period, as defined in Section 96-110.

Harassment

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

(a)        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;

(b)        the interruption or discontinuance of essential services which:

(1)        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

(2)        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;

(c)        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

(d)        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.

For purposes of this definition, dwelling unit, referral date and rooming unit shall be defined as in Section 96-110.

Material alteration

“Material alteration” shall mean any alteration to a multiple dwelling including, but not limited to, an alteration which reduces or increases the floor area of the multiple dwelling, 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:

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

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

For purposes of this definition, dwelling unit and rooming unit shall be defined as in Section 96-110.

Mixed building

For the purposes of this Chapter, a "mixed building" is a building in a Commercial District used partly for residential use and partly for community facility or commercial use, or a building in a Residence District used partly for residential use and partly for community facility use.

Multiple dwelling

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