h. Fees. The department is authorized to establish by rule reasonable fees from applicants for the administrative expenses incurred by the department for issuing the certification of no harassment pursuant to this section, including costs for publication and notices.
i. Waiver. The commissioner may grant a waiver of certification of no harassment although the commissioner determines that harassment has occurred at the pilot program building for which such certification is sought during the 60 month period prior to the date of the submission of an application for a certification of no harassment if the commissioner finds that:
(1) (A) the owner of record of the pilot program building was the owner of record prior to November 29, 2017; or (ii) with respect to buildings added to the pilot program list on or after October 31, 2021, where eligibility for inclusion on the pilot program list resulted from the amendment of paragraph (1) or the addition of paragraph (4) of subdivision b of this section made by the local law that amended this subparagraph, such owner of record was the owner of record prior to the date of enactment of such local law; or (iii) such owner of record had entered into a contract of sale for the purchase of such pilot program building, which was recorded prior to such relevant date; or (iv) with respect to a certification proceeding where the alterations sought to be performed are of the type prescribed by rule of the commissioner pursuant to item 5 of section 28-505.3, the owner of record of such multiple dwelling was the owner of record of such multiple dwelling prior to the date of the first publication of such rule or had entered into a contract of sale for the purchase of such multiple dwelling which was recorded prior to such date;