Important Updates to HPD’s CONH Pilot Program
The City Council has approved Int. 839-A (the “Bill”), which extends the Department of Housing Preservation and Development’s (“HPD”) Certificate of No Harassment (“CONH”) Pilot Program and provides for several amendments to current law.
There are many important legal changes resulting from the Bill. Among the changes, a few worth noting are as follows:
- Where an owner has been denied a CONH or had a CONH rescinded by the HPD in the prior 60 months, any building owned by that owner may be placed on the Pilot Program List.
- HPD is now required to provide notice to an owner whose building has been added to the Pilot Program List.
- Owners shall be required to post notice of a building’s inclusion on the Pilot Program List.
- The Bill provides for the specific procedure for requesting removal of a building from the Pilot Program List and the requirement that HPD review any requests for removal within a specific timeframe.
- Regular reporting by HPD to the commissioner regarding the results of the Pilot Program will now be required.
- A clear exception to the CONH requirement is created for work that is purely cosmetic in nature and/or routine repairs and maintenance.
- Inclusion on the Pilot Program List can now expand to other buildings owned by the same owner of a building where a harassment determination was made.
The Bill was passed by City Council on August 13, 2026. Once approved by the Mayor, most of the Bill will take effect immediately. Certain sections of the Bill will take effect April 15, 2027.
Contact Us
For questions regarding how the Bill may affect a specific building or potential eligibility for any available exemptions, reach out to your BBG attorney of record or contact us here.
Written by: Logan O’Connor, Partner, Administrative Law Practice.