Forum: C of O

June 22, 2008

C of O lost and found at DOB!

This is a follow up of my post below entitled "C of O nightmare". Well I went out and paid a lawyer lot's of money to try to lower the $15,000 in penalties and was about to hire an architect to see if the one family could be converted to a legal two when I decided to go back to the DOB and do some more investigations. I still could not believe that my grandfather and his brother got a C of O change for one house and not for the other half a century ago. I told this story to everyone I could up there and got the general response that if the C of O said one family on the computer and their record room then that was that.

Finally I got a sympathetic ear and a very nice guy working there decided to check the docket book (this is where the applications for C of Os were hand written in decades ago) and what do you think? They found out that yes, the C of O for my grandfathers house had been changed to a two family but never registered properly . If I had not known the exact date that the other house had the C of O changed and guessed that our house had been changed the same day then they never would have unearthed the mistake and I would have been out tens of thousands of dollars in fines and heartache. As it is I spent over a grand on legal fees and lost a few thousands in rent since I kicked the tenant out not wanting to continue to rent an "illegal" apartment. I am relieved but very upset now with the DOB. I feel that they screwed up and were out for my blood and it was unfair. Should I try to get them to refund me my legal costs or let well enough alone? It is interesting that despite explaining the story to a half dozen lawyers and expeditors not one of them thought to tell me to have the docket book checked! It took the sympathetic ear of an employee to uncover the mistake. The lesson is to be persistent and NICE!

June 5, 2008

C of O for an addition?

We are looking at a house (Landmark Dist) that has a 1-story extension built many years ago. When I checked the C of O (issued in late '50s), it seems like it was never amended to include the addition. The addition is part of the ground floor rental unit. Is it illegal to rent the space without a C of O? Is it a violation to have an addition without a C of O?

If anyone can help clarify the implications of this it would be very helpful. Thanks!

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