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May 28, 2009
Way to determine dwelling status
I saw a home for sale listed as a 2 family. I checked NYC DOB website and saw it stated " Department of Finance Building Classification: B2-2 FAMILY DWELLING".
I checked the ACRIS system and it showed it as a 1 family. Whats the best way to determine the status of this home?
Comments
department of finance is not the place. HPD and DOB are the only places to proove legal status, there may be no C of O. pulling the block and lot folder at the DOB and trying to find the "i-card" at HPD (try online first). there may be other ways that mortgage companies do this research for closings, but honestly if your trying to do work on it and pull permits you need proof that the DOB will accept and thats microfilmed plans showing two dwelling units or and I card stating two dwellings.
good luck
Posted by: jp2 at May 28, 2009 11:59 AM
i saw a home for sale and the only way i can afford it will be with that 2nd income (rent), so I need to be sure I can legally rent it.
Posted by: guikazoid at May 28, 2009 12:15 PM
How can you not legally rent an apartment in your house?
Do you really think that our dysfunctional city agencies have any cogent way of actually ascertaining what status your house is or isn't? People think they are living in Sweden or some other orderly country with a crackerjack civil service system. This is NYC. Nobody knows nuthin'.
Posted by: sam at May 29, 2009 4:47 PM
of course the only problem is if you have a dispute with the tenant. If the building is legally a one family house and you rent out part of it and then try to evict the tenant you are royally screwed in NY,,,you may have to legalize it as a two before you can evict the tenant....
Posted by: smeyer418 at May 29, 2009 8:52 PM
Finance does not establish the legal use of a property. Finance taxes parcels based on "observed" use which can be different than legal use. The C of O (certificate of occupancy) determines the legal use. If the house is built before 1938 then it usually will not have a c of o. You should look up the original property card at the borough office, which shows a photo taken in the late 1930's and has the original use code. The dept of buildings can issue you a letter of no objection in the event no c of o is available. This can serve as the current use.
Posted by: bonsavant at May 31, 2009 4:06 PM
Finance does not establish the legal use of a property. Finance taxes parcels based on "observed" use which can be different than legal use. The C of O (certificate of occupancy) determines the legal use. If the house is built before 1938 then it usually will not have a c of o. You should look up the original property card at the borough office, which shows a photo taken in the late 1930's and has the original use code. The dept of buildings can issue you a letter of no objection in the event no c of o is available. This can serve as the current
Posted by: bonsavant at May 31, 2009 4:07 PM
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