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(1) The Department may designate a community group to conduct a survey of the occupants of a Pilot Program Building with respect to Harassment in such building and to report its findings to the Department. Based upon the findings of such community group or the Department's review of records and other data, the Department may determine that it is necessary to conduct a further investigation.
(2) Upon receipt of an application for a Certification of No Harassment, the Department shall publish a notice, as provided in subdivision d of § 27-2093.1 of the Administrative Code, seeking public comment regarding whether there has been Harassment of the lawful occupants of the Pilot Program Building during the Inquiry Period.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) Upon the completion of the investigation of an application for a Certification of No Harassment, the Department shall:
(a) reject such application,
(b) determine that there is not reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building,
(c) determine that there is reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building, or
(d) determine that there has been a final determination by New York State Homes and Community Renewal or any court having jurisdiction, that one or more acts of Harassment, unlawful eviction or arson by or on behalf of the owner were committed at the Pilot Program Building during the Inquiry Period.
(2) If the Department refuses to act upon or rejects an application as provided in 28 RCNY § 53-04 or this section of these rules, it shall send written notice of such determination to the Applicant.
(3) If the Department determines that there is not reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building, the Department shall:
(a) send written notice of such determination to the Applicant, and
(b) grant the Certification of No Harassment.
(4) If the Department determines that there is reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building, the Department shall send written notice of such determination to the Applicant and shall comply with the procedures set forth in 28 RCNY §§ 53-07 and 53-08.
(5) If the Department determines that there has been a final determination by New York State Homes and Community Renewal or any court having jurisdiction that one or more acts of Harassment, unlawful eviction or arson by or on behalf of the owner were committed at the Pilot Program Building during the Inquiry Period, the Department may deny the application without a hearing and issue a final determination in accordance with 28 RCNY § 53-08. In such event, the Department may combine the initial determination pursuant to this section and the final determination pursuant to 28 RCNY § 53-08 into a single document.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) When the Department has determined in accordance with these rules that there is reasonable cause to believe that Harassment occurred at the Pilot Program Building during the Inquiry Period, the Department shall schedule a hearing before the Office of Administrative Trials and Hearings. The Applicant shall have the opportunity to be heard at such hearing prior to the granting or denial of the Certification of No Harassment.
(2) The Department shall serve a notice of hearing by regular mail upon the Applicant and any other individual or entity as determined by the Department, in the manner prescribed by the Office of Administrative Trials and Hearings. Such notice shall state the date, time, and location of the hearing and shall inform the Applicant that he or she may be represented by counsel and may present witnesses and other evidence.
(3) At such hearing, the Department, in its discretion, may receive relevant testimony from tenants, community groups, and any other interested parties.
(4) Upon conclusion of such hearing, the hearing officer shall make a report and recommendation to the Commissioner whether an application should be granted or denied.
(5) Notwithstanding anything to the contrary in this section or these rules, an Applicant may waive its right to a hearing before the Office of Administrative Trials and Hearings.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) When the Department has determined that there is reasonable cause to believe that Harassment occurred at the Pilot Program Building during the Inquiry Period and a hearing has been held before the Office of Administrative Trials and Hearings, the Commissioner shall review the report and recommendation of the hearing officer and make a final determination to grant or deny the application.
(2) When the Department has determined that there is reasonable cause to believe that Harassment occurred at the Pilot Program Building during the Inquiry Period and the Applicant has waived its right to a hearing before the Office of Administrative Trials and Hearings, the Commissioner shall make a final determination to grant or deny the application.
(3) When the Department has determined that that there has been a final determination by New York State Homes and Community Renewal or any court having jurisdiction that one or more acts of Harassment were committed at the Pilot Program Building during the Inquiry Period, the Commissioner shall make a final determination to grant or deny the application. In such event, the Department may combine the initial determination pursuant to these rules and the final determination pursuant to this section into a single document.
(4) The Department shall provide the Applicant with written notice of the final determination within 45 days after the Office of Administrative Trials and Hearings issues a report and recommendation. A final determination of denial shall be filed in the office of the city register or the Richmond county clerk.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) A Certification of No Harassment shall be effective for 60 months from the date upon which such certification is signed by the Commissioner, which period shall be stated in such certification. Such Certification shall apply to any plan approval, and any application for a permit or renewal of a permit for any Covered Categories of Work that is submitted to the Department of Buildings during such period.
(2) The Department shall not issue a Certification of No Harassment unless it has received an affidavit of no future harassment executed by one or more individual natural persons who are, at the time of execution of such affidavit, either:
(a) all of the Owners of the Pilot Program Building, or
(b) principals or officers of all of the Owners of the Pilot Program Building who are authorized to sign on behalf of and bind such Owners.
(Added City Record 9/7/2018, eff. 10/7/2018)
(1) Notwithstanding any provision of these rules to the contrary, if an application is for a waiver or exemption, the Department will waive the Fee.
(2) Notwithstanding any provision of these rules to the contrary, the Department may grant a waiver or exemption at any point following the submission of an application therefor in accordance with the provisions of § 27-2093.1 of the Administrative Code and these rules.
(3) A waiver or exemption shall be effective for such period and subject to such conditions as the Department shall determine, which shall be stated in such waiver or exemption. Such waiver or exemption shall apply to any plan approval, and any application for a permit or renewal of a permit for any Covered Categories of Work that is submitted to the Department of Buildings during such period which complies with such conditions, if any.
(4) The Department shall only issue a waiver that is in accordance with subdivision i of § 27-2093.1 of the Administrative Code.
(5) The Department shall not issue a waiver unless it has received an affidavit of no future Harassment executed by one or more individual natural persons who are either:
(a) all of the Owners of the Pilot Program Building, or
(b) principals or officers of all of the Owners of the Pilot Program Building who are authorized to sign on behalf of and bind such Owners.
(Added City Record 9/7/2018, eff. 10/7/2018)
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