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The criteria used to evaluate prospective Pilot Program Buildings for distress shall include:
(1) The number of open and closed hazardous and immediately hazardous violations of the Housing Maintenance Code per adjusted dwelling unit that were issued by the Department within the five-year period prior to October 31, 2021, rated on a range of values from zero to ten. For the purposes of this section, "adjusted dwelling unit" refers to the natural logarithm of dwelling units in the building, calculated in order to limit underweighting of serious building-wide violations in very large buildings.
(2) The total amount of paid or unpaid emergency repair charges per adjusted dwelling unit levied against the building within the five-year period prior to October 31, 2021, rated on a range of values from zero to ten.
(3) The ratings in this section are based on the number of standard deviations above the average at the time of evaluation. Buildings above such average score 2.5 points, and an additional 2.5 points for each of up to 3 standard deviations above the average. The following scores will result in placement of a building on the Pilot Program List:
(a) Buildings with no ownership changes within a five-year period prior to October 31, 2021, and a combined score of 15 or more for criteria in subdivisions (1) and (2) of this section;
(b) Buildings with one ownership change within a five-year period prior to October 31, 2021 and a combined score of ten or more for criteria in subdivisions (1) and (2) of this section; and
(c) Buildings with two or more ownership changes within a five-year period prior to October 31, 2021, and a combined score of five or more for criteria in subdivisions (1) and (2) of this section.
(Added City Record 9/7/2018, eff. 10/7/2018; amended City Record 6/17/2022, eff. 6/17/2022)
(1) An application for a Certification of No Harassment shall contain such information, in such form, as the Department shall require.
(2) An application shall be executed by an Applicant. If the Applicant is not an Access Authorizer, the application shall also be executed by an Access Authorizer.
(3) An application may be submitted to the Department:
(a) by hand delivery on business days, during such hours and in such location as the Department shall determine,
(b) by mail,
(c) by private courier, or
(d) electronically, as provided by the Department.
(4) The submission of any application shall be accompanied by certified check, bank check, electronic payment, or money order in the amount of the Fee made payable to Department of Finance.
(5) Following the submission of an application, the Department may request any additional information that it determines is relevant to the application. If the Department sends a written request for additional information to the Applicant by regular or certified mail or email at the address or email of the Applicant set forth in the application, and it does not receive such additional information within 30 days following the mailing or emailing of such request, the Department may:
(a) reject the application, or
(b) review the application without such information and draw a negative inference with respect to the missing information.
(6) An application shall be deemed to be complete when the completed application, the fee, and the necessary supporting documentation have been received and acknowledged as sufficient by the Department.
(7) If the Department determines at any time that an application contains a material misstatement of fact, it may reject such application and bar the submission of a new application for a period not to exceed five years.
(8) The Department may refuse to act upon or may reject, an application for a Certification where it finds at any time that:
(a) taxes, water and sewer charges, emergency repair program charges, alternative enforcement program charges, or any other municipal charges remain unpaid with respect to the multiple dwelling;
(b) the Pilot Program Building is being used or 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 building (or, where there is no certificate of occupancy, any record of the Department indicating the lawful configuration and use of the such building) and such unlawful alteration or use remains uncorrected;
(c) the application is incomplete or is missing information;
(d) the building is not validly registered with the Department; or
(e) the Department has previously denied an application pursuant to these rules.
(9) If any information stated in an application changes at any time before the Department makes a final determination, the Applicant shall promptly update the application with such new information and submit it to the Department. If such changed information includes any facts that would render the original Applicant ineligible to submit the application, the Department may require that the amended application be executed by an individual who is at that time eligible to submit the application.
(10) An application may not be withdrawn after the Department issues either:
(a) an initial determination that there is reasonable cause to believe that Harassment occurred during the Inquiry Period at the Pilot Program Building, or
(b) a final determination that Harassment occurred during the Inquiry Period at the Pilot Program Building.
(Added City Record 9/7/2018, eff. 10/7/2018)
(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)
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