96-01 - Definitions

LAST AMENDED
12/5/2024


For purposes of this Chapter, matter in italics is defined in Sections 12-10, 32-301 or within this Section.



Certification of no harassment

“Certification of no harassment” shall mean a certification by the Department of Housing Preservation and Development
pursuant to Section 96-106 that there has not been #harassment# of the lawful occupants of a #multiple dwelling# during the
#inquiry period#, as defined in Section 96-106.
Harassment

“Harassment” shall mean any conduct by or on behalf of an owner of a #multiple dwelling# that includes:

(a)    the use or threatened use of force which causes or is intended to cause any person lawfully entitled to occupancy of a
       #dwelling unit# or #rooming unit# in such #multiple dwelling# to vacate such unit or to surrender or waive any rights in
       relation to such occupancy;

(b)    the interruption or discontinuance of essential services which:

       (1)    interferes with or disturbs or is intended to interfere with or disturb the comfort, repose, peace or quiet of any
              person lawfully entitled to occupancy of a #dwelling unit# or #rooming unit# in the use or occupancy of such
              #dwelling unit# or #rooming unit#; and

       (2)    causes or is intended to cause such person lawfully entitled to occupancy of such #dwelling unit# or #rooming
              unit# to vacate such #dwelling unit# or #rooming unit# or to surrender or waive any rights in relation to such
              occupancy;

(c)    a failure to comply with the provisions of subdivision (c) of section 27-2140 of article seven of subchapter five of the
       Housing Maintenance Code which causes or is intended to cause such person lawfully entitled to occupancy of such
       #dwelling unit# or #rooming unit# to vacate such unit or to waive any rights in relation to such occupancy; or

(d)    any other conduct which prevents or is intended to prevent any person from the lawful occupancy of such #dwelling
       unit# or #rooming unit# or causes or is intended to cause such person lawfully entitled to occupancy of such #dwelling
       unit# or #rooming unit# to vacate such #dwelling unit# or #rooming unit# or to surrender or waive any rights in relation
       to such occupancy including, but not limited to, removing the possessions of any occupant from the #dwelling unit# or
       #rooming unit#; removing the door at the entrance to the #dwelling unit# or #rooming unit#; removing, plugging or
       otherwise rendering the lock on such entrance door inoperable; or changing the lock on such entrance door without
       supplying the occupant with a key.

For purposes of this definition, #dwelling unit#, #referral date# and #rooming unit# shall be defined as in Section 96-106.



Material alteration

“Material alteration” shall mean any alteration to a #multiple dwelling# including, but not limited to, an alteration which
reduces or increases the #floor area# of the #multiple dwelling#, #converts# #floor area# from #residential# to non-#residential
use#, changes the number or layout of #dwelling units# or #rooming units#, or adds or removes kitchens or bathrooms;
provided, however, that #material alteration# shall not include:

(a)    an #incidental alteration# which does not change the layout of #dwelling units# or #rooming units#; or

(b)    a repair or replacement of existing elements of such #multiple dwelling# without materially modifying such elements.

For purposes of this definition, #dwelling unit# and #rooming unit# shall be defined as in Section 96-110.



Mixed building

For the purposes of this Chapter, a "mixed building" is a #building# in a #Commercial District# used partly for #residential use#
and partly for #community facility# or #commercial# #use#, or a #building# in a #Residence District# used partly for #residential
use# and partly for #community facility use#.



Multiple dwelling

“Multiple dwelling” shall have the meaning set forth in the Multiple Dwelling Law.