§ 53-04 Application for Certifications of No Harassment
RCNY § 53-04
(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)
