- The New York City Council passed a bill 36-5 making permanent the Certification of No Harassment program, which requires owners of certain distressed buildings to prove they aren’t harassing tenants before pursuing renovations or demolition, according to The Real Deal.
- The pilot program, first launched in 2018, has covered 1,508 properties across the five boroughs, and the amended law now expands the definition of harassment to include threats of immigration enforcement and can apply to multiple buildings owned by the same repeat-offending landlord.
- Even with REBNY’s backing and provisions to speed up removal from the list, landlords say the certification process adds months to routine repairs and apartment turnovers, a tension that will now play out indefinitely rather than under a pilot with a sunset date.
New York City Council passed a bill this week making permanent the Certification of No Harassment program, which requires certain distressed building owners to prove they aren’t harassing tenants before pursuing renovations or demolition, according to The Real Deal. The bill passed 36 to 5 with one abstention, cementing a pilot first put in place in 2018 and previously covering 1,508 properties across the city’s five boroughs. Council member Pierina Sánchez, who chairs the Committee on Housing and Buildings, sponsored the legislation.
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From Pilot to Permanent
The CONH pilot launched in 2018 and was extended in 2022 through September 27, 2026. The new bill eliminates that expiration date. Under the amended law, the Department of Housing Preservation and Development must publish a new list of covered properties by April 15, 2027. The agency must then update it every three years.
The program can also now include multiple buildings owned by the same landlord. This applies when the owner has failed to secure a certificate within a five-year period.
What the Anti-Harassment Bill Changes
Owners of covered buildings must get a city certificate before altering apartments, starting new construction, or demolishing a property.
The amended bill also expands the definition of harassment. It now includes threats of immigration enforcement. Sánchez cited tenant accounts of landlords threatening to involve ICE.
The Real Estate Board of New York backed the bill but called for changes to prevent maintenance delays. One of its proposed amendments made it into the final version. It allows certain owners to apply for removal from the program after 180 days. However, they must still wait for a city inspection before receiving clearance.
“Protecting tenants and preserving safe, well-maintained housing are complementary goals, and we look forward to continuing to work with the Council as the program is implemented,” a REBNY spokesperson said.
Landlords have also complained that CONH-related delays make it harder to address structural issues quickly. Owners must first secure the required certificate before moving forward.
Zooming Out
The bill comes as the Council takes a broader approach to distressed multifamily properties. The city recently moved to revive its COPA bill targeting distressed multifamily buildings.
The measure also follows the city’s earlier decision that rent buyouts are no longer an option for NYC tenants in certain circumstances. Together, the changes reflect tighter tenant-protection rules for landlords to navigate.
Why It Matters
For landlords, the shift from a temporary pilot to a permanent program removes any expectation that CONH restrictions will eventually expire. Compliance is now a standing cost of doing business.
Sánchez pushed back on landlord complaints during committee debate. She said claims that the program blocks “basic repairs” are false.
Landlords interviewed by The Real Deal, however, say the certification process can turn routine 30-day apartment turnovers into multi-month waits. Owners must rely on city caseworkers to help fill vacant units once a building enters the program.
That friction can hit smaller owners hardest. They often lack in-house compliance staff and have fewer resources to absorb the additional paperwork. This could widen the gap between well-resourced landlords and owners already dealing with distressed properties.
What’s Next
At the same meeting, Sánchez introduced a separate bill to reauthorize and expand the J-51 tax abatement. She framed it as a way to help owners offset the cost of boiler and facade upgrades required under Local Law 97’s climate rules.
HPD’s first permanent CONH property list is due by April 15, 2027. The list will show how many buildings — and which landlords — the program covers.
Together, the two bills signal the Council’s broader approach to distressed housing. The city is tightening enforcement against harassment while offering financial relief for capital repairs. Rather than relying on one approach, officials are using both measures to address the challenges facing distressed housing stock.
