Tenant Harassment Protections NYC: Penalties, HPD Actions & CONH
6 min read · Updated 2026-08-13
NYC tenant harassment law explained: what counts as harassment, HPD Housing Court actions, $2,000-$10,000 penalties per unit, and Certification of No Harassment.
What Counts as Tenant Harassment
What is considered landlord harassment in NYC?
Under the NYC Housing Maintenance Code (Administrative Code § 27-2004), harassment is any act or omission by an owner intended to force a tenant out or to make them give up rights. Examples include repeatedly interrupting essential services like heat, hot water, or gas; refusing to make required repairs; commencing baseless court proceedings; making threats or using intimidation; and applying repeated buyout pressure. The conduct does not have to succeed to count — the intent to disturb the tenant's comfort or occupancy is what matters. Because this is defined by the Housing Maintenance Code, the Department of Housing Preservation and Development (HPD) and Housing Court both play roles in enforcement.
Is turning off heat or hot water considered harassment?
It can be. Repeatedly interrupting or failing to provide essential services — heat, hot water, gas, electricity, or required repairs — is one of the listed forms of harassment under Administrative Code § 27-2004 when done to pressure a tenant. NYC separately enforces the Heat and Hot Water Law during heat season, so a service interruption can generate both maintenance violations and a harassment claim. If a landlord shuts off or lets essential services lapse in a way that appears designed to drive you out, document dates and conditions, report the conditions to HPD, and consider a harassment (HP) action in Housing Court.
Are repeated buyout offers a form of harassment?
Yes, they can be. NYC treats persistent, unwanted buyout solicitation as "buyout harassment." A landlord who repeatedly contacts a tenant with offers to vacate — especially after the tenant has said no, or without the required written disclosures — may be committing harassment under the Housing Maintenance Code. The law requires landlords to disclose a tenant's right to refuse a buyout, the right to seek counsel, and to stop contact for a defined period after a refusal. Ignoring those safeguards and pressuring the tenant anyway is exactly the kind of conduct the harassment provisions are meant to prevent.
Can construction be used to harass tenants in NYC?
Yes. "Construction as harassment" is a recognized problem in occupied buildings, where disruptive or unsafe work is used to pressure tenants to leave. To guard against it, NYC requires a Tenant Protection Plan on many permits for work in occupied residential buildings, describing how occupants' safety, access, and essential services will be maintained during construction. Tenants also have a safe-construction bill of rights. If work in your building involves prolonged loss of services, blocked egress, or hazardous conditions that seem aimed at forcing you out, that can support a harassment claim in addition to Department of Buildings enforcement.
Penalties and Housing Court Actions
What are the penalties for tenant harassment in NYC?
When a court finds harassment under the Housing Maintenance Code, it can impose civil penalties generally ranging from $2,000 to $10,000 per affected unit, in addition to ordering the landlord to stop the harassing conduct and to correct related violations. Penalties can be higher for repeated or aggravated conduct, and the court may award other relief. The Department of Housing Preservation and Development (HPD) can also bring its own enforcement. These penalties are meant to deter owners from using service interruptions, intimidation, or bad-faith litigation to displace tenants, particularly in rent-regulated units.
How do I file a harassment case against my landlord in NYC?
A tenant can bring a harassment proceeding — often called an HP action — in Housing Court, asking the court to order the landlord to stop the conduct, correct violations, and pay penalties. Before or alongside filing, report conditions to the Department of Housing Preservation and Development (HPD) so violations are documented on the building record. Bring evidence: photos, dates, texts and letters, records of service outages, and witness statements. Free or low-cost legal help is available to many NYC tenants, and HPD's Tenant Rights page explains how to start. The stronger your documentation, the better your case.
What is the Tenant Protection Act and how does it help?
The Tenant Protection Act strengthened NYC's anti-harassment framework by broadening what counts as harassment and, importantly, establishing legal presumptions that make cases easier for tenants to prove. Under these presumptions, certain owner conduct — for example, repeated failures to correct hazardous violations after notice — can be presumed to be harassment intended to force a tenant out, shifting the practical burden onto the landlord to show otherwise. Combined with the civil penalties available in Housing Court and HPD's enforcement tools, the Act gives tenants a stronger position when challenging service interruptions, neglected repairs, and coercive tactics.
What role does HPD play in tenant harassment cases?
The Department of Housing Preservation and Development (HPD) is the city agency responsible for housing maintenance enforcement, and it plays several roles in harassment matters. HPD inspects and records violations that often underlie harassment claims (such as neglected repairs or heat outages), administers the Certification of No Harassment program, and can bring or support enforcement. While a tenant typically files the harassment (HP) proceeding in Housing Court, the violation history HPD builds is central evidence. Reporting conditions to HPD early — before or during a dispute — creates the official record that supports a later harassment case.
Certification of No Harassment (CONH)
What is a Certification of No Harassment (CONH) in NYC?
A Certification of No Harassment (CONH) is a determination from the Department of Housing Preservation and Development (HPD) confirming that no tenant harassment occurred at a building during a defined look-back period. For covered buildings, an owner must obtain a CONH before the Department of Buildings will issue permits for demolition or major alterations. The program exists so owners cannot harass tenants out and then convert or gut-renovate the building. Covered categories include single-room occupancy (SRO) buildings and properties on the CONH Pilot Program list, which HPD selects based on indicators of distress and displacement risk.
When is a CONH required before construction in NYC?
A CONH is required before the Department of Buildings issues certain permits — typically for demolition or significant alterations that change the building — when the property falls into a covered category. Those categories include single-room occupancy (SRO) buildings and buildings identified on HPD's CONH Pilot Program list, which targets properties showing distress or displacement indicators. If a building is covered, the owner must apply to HPD and receive the certification (or complete an approved cure) before permits can be issued. Owners planning major work should confirm CONH status early, because it can significantly affect a project timeline.
What happens if a landlord fails to get a CONH?
If HPD finds harassment during the look-back period, the owner cannot obtain a standard Certification of No Harassment and is barred from the covered permits until the matter is resolved. The primary "cure" is to provide affordable housing in the building — setting aside units at regulated, affordable rents without the benefit of government subsidies — as a condition of moving forward. This makes CONH a strong deterrent: an owner who harasses tenants out to redevelop faces a costly affordable-housing requirement rather than a clean path to permits. Consult HPD's CONH page for the current covered-building list and cure process.
How can I check if my building is covered by the CONH program?
Coverage generally applies to single-room occupancy (SRO) buildings and to properties on HPD's CONH Pilot Program list, which the agency compiles using distress and displacement indicators and periodically updates. The Department of Housing Preservation and Development (HPD) publishes the covered-building information and program details on its Certification of No Harassment page. Tenants who suspect a landlord plans to demolish or gut-renovate should check whether the building is covered, because CONH gives occupants a formal point of protection before permits issue. If your building is covered and you experienced harassment, that history can block the owner's permits.