§ 53-11 Suspension and Rescission.
RCNY § 53-11
(1)The Department may rescind a Certification of No Harassment or waiver at any time if it determines that the application for such Certification or waiver contained a material misstatement of fact.
(2)If the Department determines that there is reasonable cause to believe that Harassment has occurred after the date that it issued a Certification of No Harassment or a waiver, it may suspend such Certification or waiver. If such Certification or waiver was granted solely pursuant to the Administrative Code, the Department shall not suspend such Certification or waiver pursuant to the preceding sentence unless it determines that there is reasonable cause to believe that such harassment occurred before commencement of substantial work.
(3)If the Department determines that there is reasonable cause to believe that harassment has occurred after the date that it issued a Certification or a waiver, the Department shall deliver a notice of suspension to the Applicant. Notice of such suspension shall also be mailed to known tenants of the Pilot Program Building and shall be filed with the city register or Richmond County clerk. The Department shall refer the matter for hearing at the Office of Administrative Trials and Hearings, provided, however, that if the Owner of the Pilot Program Building has been found by the New York State Homes and Community Renewal or any court having jurisdiction to have engaged in Harassment, unlawful eviction, or arson at such building after the Certification of No Harassment was granted, the Department may determine whether to rescind such Certification without commencing a proceeding at such office.
(4)The Department shall serve a notice of hearing by regular mail upon the Applicant and any other individual or entity, including known tenants of the Pilot Program Building, 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.
(5)At such hearing, the Department, in its discretion, may receive relevant testimony from such known tenants, community groups, and any other interested parties.
(6)Upon conclusion of such hearing, the hearing officer shall make a recommendation to the Commissioner whether or not the Certification of No Harassment or waiver should be rescinded.
(7)The Commissioner shall make a final determination whether or not to rescind such certification or waiver within 45 days of receiving the hearing officer's recommendation and shall provide the Applicant and the known tenants of the building with written notice of such determination. Such determination shall be filed as provided in subdivision f of § 27-2093.1 of the Administrative Code. (Added City Record 9/7/2018, eff. 10/7/2018)
