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April 13, 2009

Commercial Space no longer?

I am considering a building that has a C of 0 for a store on the ground floor and 2 apartments above. The current owner has been rending the ground floor as an apartment for some time. Does this property lose its commercial space because they rented it residential or was the current owner skirting the official C of 0? Some people have said in past posts that commercial C of O can be lost in two years of non use. What transfers if the property is bought? Thanks.

Comments

Skirting the C of O. The commercial C of O stands until the building is altered and a revised C of O is issued. It's not supposed to be legal to rent a commercial space for residential use. I've never heard of it, but the two years you refer to may have something to do with a liquor license or some other particular use.

Posted by: Bessie at April 13, 2009 10:54 AM

this sounds like that dean st corner house discussed here. right, wrong, indifferent, did recall a few people say that 1st flr unit is no longer commercial status - too many yrs used as residential

Posted by: more4less at April 13, 2009 2:39 PM

I read that too - is there a low or code to this effect available to review?

Posted by: ALS at April 13, 2009 2:50 PM

If it it's the place on dean street, it's a lot cuter on the outside. The broker assured me that it is listed with the DOB as a two family with commercial, but when I checked the DOB website, it said 3 family. Anyway, it's kind of a dump, too small for a restaurant(maybe could do a bar or store), has major ongoing water damage from faulty plumbing(there was a huge hole in the first floor ceiling) and smells. It also has tenants that have lived there forever in all units(even the "commercial" space, 16 years). I would stay away, I don't think you can turn it back into commercial space, but check the DOB website.

Posted by: Misty B at April 13, 2009 6:23 PM

call me i will tell you what's the legal use. if there is no cert of occ then you could lose the commercial use. of course you could always re-establish it with an application unless its in a prohibitive residential zone.

Posted by: dexpediter at April 20, 2009 4:08 PM

call me i will tell you what's the legal use. if there is no cert of occ then you could lose the commercial use. of course you could always re-establish it with an application unless its in a prohibitive residential zone.

Posted by: dexpediter at April 20, 2009 4:08 PM

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