SRO Question

My wife and I are considering buying a brownstone that is as a Certificate of Occupancy as an SRO on the upper floors and a Class A apartment on the ground floor. We plan to use the upper floors as our primary residence and rent the ground floor apartment. I realize that it may take 6 months to a year to obtain the certificate of non-harrassment but we would like to begin renting the garden and live on the upper floors while we are processing the application. Does anyone have any experience with this type of situation? Someone told me that we would be occupying the upper floors in violation of the CofO but this doesn’t really make sense to me as we would only be living in the building as any other tenant would and are not planning to undertake any work to the upper floors until the certificate is in place. Any thoughts?

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