Forum Archive

Many posts get close to the issue that we’re facing but I wanted to start another because I’m sure there are many people facing the same issue.

We bought a condo apartment last year. A ground floor and basement/cellar duplex at the back of the typical 5 floor+ building built pre war on the foundations of a brownstone. The basement/cellar retains the original Brownstone walls.

The apartment had been remodeled to have a bedroom, living room and bathroom on the ground floor and the Kitchen/recroom + powder room down stairs. Both floors have doors to the building stairway (having been separate units in the past). Downstairs is zoned as commercial and upstairs is zoned as residential. Downstairs has a rear door opening onto a back yard, L shaped across the back and along the side 20 feet each and about 15 feet wide. This area backs onto restaurants and a gym business and has a 10 foot high canvas wall (which we plan are replace with soundproof walling to reduce AC fan noise – 4 fans)

We’ve retained an architect to advise us on remodeling the apartment and yard. We want two rec rooms and full bath down stairs and Kitchen and through open sitting room upstairs with a powder room.

This is the issue and my question.

We’re advised that there should not be a kitchen down stairs and our remodeling would entail DOB inspection requiring us to remove it and put it upstairs (all plumbing it still upstairs although blocked off). The Architect advises us that the apartment had an illegal kitchen when we bought it and as such we may have a claim against the seller or their agent because without a legal kitchen it’s not an apartment. Also. Despite the fact that the only plans in existence (included in the offer documents) of the apartment show a full bath down stairs which has obviously been removed and replaced with a powder room we’re also advised that we cannot replace the powder room with a new full bath.

Should we stop all plans and look for restitution against the seller or just face it that we’ve been done as any legal case we may have would in practice be too expensive and lengthy to chase.

I’d add that i think the downstairs is a cellar rather than a basement (More than 50% below the level of the front side walk) but as i said above is zoned commercial and shows as a doctor’s office in offer documents.

I’ve done my best to search the DOB website but can’t find any plans for the apartment. The architect and expeditor (who’ve now spent almost $12k of our money) say that the DOB has lost all plans for the apartment.

Any help/advice very much appreciated.