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September 11, 2009
C of O Change in Loft
Does anyone know what's involved with changing the occupancy usage from work to live work? Can anyone recommend an attorney with specific knowledge to this sort of thing? Thanks!
Comments
Do you mean by live/work a loft that somehow doesn't have to come up to the residential code?
Posted by: modsquad at September 11, 2009 3:05 PM
It is impossible to change the CofO for one unit in a building.
Posted by: Iris at September 11, 2009 3:28 PM
You want joint living work quarter for Artists, I assume?
First, talk to an architect. They'll usually do enough of a zoning analysis for free to tell you whether this is possible.
(Are you in an M1-5B or M1-5A district?....You could also have a residential loft if the building is old enough and in the right commercial or manufacturing districts...)
Long story short - Its very easy for an architect to tell you whether you can convert or not, given the proper information. They'll probably do it for free in order to get the conversion job (assuming you are able to convert).
The only reason to involve a lawyer is if you are asking for a variance. Given BSA's current disposition - I wouldn't hold my breath...
Posted by: young archi at September 11, 2009 3:30 PM
A live/work certificate for a certified artist can be tricky to obtain. You have to be within certain zoned areas and you need to make most of your living from the art.
I would call the DUMBO Neighborhood Association and ask them if anyone does the work in the neighborhood. I know land use attorneys in Manhattan but they are incredibly expensive.
Posted by: Minard Lafever at September 11, 2009 3:30 PM
It is certainly possible to change the CO for one unit in the building!
Posted by: young archi at September 11, 2009 3:32 PM
I don't know if it is technically a change of C of O. People use the term C of O very loosely. You would be applying for a certification of legal occupancy of your unit pursuant to a use waiver obtained for the entire building. In historic districts this change of use is available through special sections of the NYC zoning code (section 74-711 to be technical). It is no easy matter.
Your building will definitely need an architect and a lawyer.
Posted by: Minard Lafever at September 11, 2009 4:58 PM
I don't think there is an actual "live/work C of O. That designation went with city certified artists in certain districts like Soho but was a work around that permitted artists to stay in spaces with the understanding that the whole loft would be residentially upgraded over a certain time.
Posted by: modsquad at September 11, 2009 5:21 PM
I live in Dumbo and although I make some money off of "art" I am not certified and am not required to do so to live here. Soho had that requirement but it has mostly been overlooked lately.
Posted by: modsquad at September 11, 2009 5:25 PM
Modsquad - i think you're confusing 7C interim multiple dwellings with JLQW - Joint living work quarters for artists.
JLQW is indeed a valid CO type of occupancy, and is valid in perpetuity once the CO is issued and presuming the CO is not altered and/or the building is not demolished.
IMDs were for protected tenants (in SOHO most famously, but all over the city including brooklyn)who were living in manufacturing Loft buildings. These IMDs were required to be legalized as residential units many years ago (but many are still not legalized - hence the continued existence of the NYC Loft Board).
However, as pointed out above, JLQWs are only permitted in certain districts, and you need to be (or the tenant needs to be) a Cultural Affairs registered 'artist.' This last requirement can be easily sidestepped (as long as no one is living in the space at the time of CO you are only required to submit an affadavit saying that it will be used by registered artists) and has therefore been traditionally abused by nefarious landlords and individual owners alike.
Posted by: young archi at September 11, 2009 5:28 PM
and too your second point modsquad -
The majority of residential units in the city are not JLQW's.
You are, in descending order of probability:
1) An as of right residential district
2) Article 7B Loft Dwelling
3) Article 7C IMD
Most the JLQWs we have done are 7B Loft Dwellings - though the vast majority of the 7B Loft Dwellings we have done are NOT JLQWs.
If that makes sense...
Posted by: young archi at September 11, 2009 5:32 PM
Swade - Just go see an architect.
I'm sure they'll do a quick analysis for you for free or for very little money...
Posted by: young archi at September 11, 2009 5:33 PM
In many buildings that have office space listed instead of sleeping space the problem is no window in the working area. No one stops you from sleeping in this space and unless someone complains no one ever will enter your apartment. Is this the issue or is it something else?
Posted by: smeyer418 at September 11, 2009 6:19 PM
Just wondering young archi. Are there different code requirements for the JLQWs?
Posted by: modsquad at September 11, 2009 6:24 PM
ModSquad -
This is going to be a frustrating answer:
Mostly yes, in some cases no....
If an old manufacturing or commercial building (built before 1961) or space is converted to JLQW, then the code and zoning requirements are a modified under Multiple Dwelling Law because its assumed that you're working with different spatial and construction type limitations then you normally would encounter for typical residential spaces.
However, these code and zoning differences are, by and large, the same as for other Loft Buildings and IMDs touched on above. They are all a subset with different regulations from typical residential construction.
If you have a JLQW in a newer building (which I've never done but if I remember correctly can be done), then there are some specific zoning caveats for the JLQW, but the code would be the same as for any other building.
When I say the Code is the same, I mean the same version of the Building Code would apply. Obviously, requirements for a single family home are vastly different than those for a commercial skyscraper within the same version of Code.
Posted by: young archi at September 12, 2009 8:43 AM
Thanks young archi. Send me a bill.
Posted by: modsquad at September 12, 2009 9:56 AM
Thanks for the input everyone especially young archi!
It is a residential district. There is no historical or landmark designation. It only has 4 floors and the top floors are zoned residential. I think they benefited from the artist conversion thing years ago. The bottom floor and the second floor are commercial. My place is on the second floor. Building classification is L9 (Loft Misc).
Does this give you a better sense of my probability?
Thanks again!
Posted by: swade at September 12, 2009 12:52 PM
If its a residential district you can't have JLQW but you can have home occupation (usually limited to 25% and/or 500 sf (whichever is less)) but can be increased in certain districts....)
Top floors and lower floors can be different uses but wouldn't be in separate zones....
Are you sure its residential?
I wouldn't want to send my address over the internet but can you tell me the Block (numerically) you're located on? I should be able to tell your zoning district from that - if the block is bisected by two zoning districts i'll let you know...
Posted by: young archi at September 13, 2009 12:13 PM
young archi - my email is therealjswade@gmail.com - can you email me? that would be amazing!
Posted by: swade at September 14, 2009 9:27 PM
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