The development of multiple dwellings in Special Anti-Harassment zoning districts located in Manhattan has historically come along with its own special kind of red tape. In the last few decades, restrictions on demolition and material alterations have made it very difficult for development in certain special districts.

For example, as a prerequisite to pulling permits from the New York City Department of Buildings (DOB) to demolish, partially demolish or perform material alterations to multiple dwellings constructed in a special district (and initially occupied prior to Jan. 1, 1974), the owner must first apply for and obtain a Certificate of No Harassment (CONH) from the New York City Department of Housing Preservation and Development (HPD). The CONH application process requires disclosure of information pertaining to current and former building occupants, owners and managers dating back over 10 years (and in the case of the Special Clinton District, dating back over 40 years) with the goal of determining whether any building occupant was “harassed,” as such term is defined under both the Housing Maintenance Code and the Zoning Resolution (ZR).

The CONH requirement has traditionally served to discourage, deter or otherwise limit development of some buildings in special districts, largely due to the various unknowns associated with a lengthy look-back period and treatment by prior owners of former or current building occupants.