§ 53-06 Initial Determination.
RCNY § 53-06
(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)
