Do NYC Owners Have to Prove No Tenant Harassment Before Renovating?

New York City just made permanent a contentious rule that requires certain building owners to prove they have not harassed their tenants before the city will issue permits for major work. Supporters call it essential tenant protection; critics call it guilty-until-proven-innocent overreach. According to The Real Deal, the City Council voted 36 to 5, with one abstention, to make permanent the Certification of No Harassment, known as CONH, a program first created as a pilot in 2018 that was set to expire in September 2026. Here is how the rule works, who it affects, and what long-time Staten Island and Brooklyn owners should understand.

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Do NYC owners have to prove no tenant harassment before renovating?

For buildings on the city's Certification of No Harassment list, yes. Before the Department of Buildings will issue permits for covered work such as major renovations, demolition, or a change of use or occupancy, the owner must first obtain a certification from the Department of Housing Preservation and Development confirming that no tenant harassment has occurred. New York City made this requirement permanent when the City Council voted 36 to 5, with one abstention, to lock in the program that had run as a pilot since 2018 and was set to expire in September 2026. In practice, on a covered building you cannot pull major permits until you clear this step.

What is NYC's Certification of No Harassment rule?

The Certification of No Harassment, or CONH, is a New York City program that ties renovation and demolition permits to a finding that an owner has not harassed tenants. If a building is on the city's CONH list, the owner must obtain a certification from the Department of Housing Preservation and Development confirming no harassment has occurred before the Department of Buildings will issue permits for covered work. It began as a pilot in 2018 and was made a permanent city program by a 36 to 5 Council vote in 2026. The goal is to stop owners from using disruptive construction or neglect to force tenants out.

Which buildings are affected by the CONH requirement?

The requirement applies to buildings that are on the city's CONH list, not to every property. Being on the list generally reflects buildings and neighborhoods the city has flagged as being at higher risk of tenant harassment or displacement, often older, rent-regulated housing. For a building on the list, the certification from HPD is required before the Department of Buildings will issue permits for covered work such as major renovations, demolition, or a change of use or occupancy. Routine repairs are treated differently from the major, permit-triggering work the rule targets.

Why do supporters say the no-harassment rule is necessary?

Supporters, including tenant advocates and the Council majority, argue the rule stops a real pattern of abuse. Some owners have genuinely harassed rent-regulated tenants, through withheld heat, ignored repairs, or deliberately disruptive construction, in order to push them out and then profit from renovations or conversions. By requiring proof of no harassment before permits are issued, the program is meant to remove the financial incentive to force tenants out and to help preserve affordable housing in a city with a severe shortage. To supporters, making it permanent simply keeps a working protection in place.

Why do critics say the no-harassment rule is unfair?

Critics, including owners and industry groups such as REBNY, argue the rule presumes guilt rather than requiring the city to prove wrongdoing. They say it forces legitimate owners to prove a negative, imposes costly red tape and lengthy delays on ordinary renovations, and can discourage owners from investing in the very distressed buildings the city wants improved. The concern is that added time and expense may lead some owners to simply not do needed work, which critics argue can hurt housing quality. This is the guilty-until-proven-innocent objection at the heart of the debate.

What does the permanent CONH rule mean for Staten Island and Brooklyn owners?

If you own a building in Staten Island or Brooklyn, the first practical question is whether your property is on the city's CONH list, because that determines whether the certification step applies to you before you can pull permits for major work. If it does, you should budget extra time and paperwork into any renovation, demolition, or change-of-use plan, since the HPD certification now has to come before the Department of Buildings will issue permits. Owners of older, rent-regulated buildings are the most likely to be affected. If you are planning major work and are unsure how this rule touches your property, that is a conversation worth having before you file.

Questions about how this affects your home in Staten Island or Brooklyn? Work with Joseph Ranola, or text or call (917) 905-2541. New episodes of Daily Tesla News break down the NYC real estate stories that move the market.