old HPD violations
I recently found 2 violation on the HPD website from the 1970’s. They basically state that the premises have been ‘vacant and untenanted’ for 60 days or more and cannot be reoccupied until a new Certificate of Occupancy has been obtained. I grew up in this building and it has been tenanted for as long…
I recently found 2 violation on the HPD website from the 1970’s.
They basically state that the premises have been ‘vacant and untenanted’ for 60 days or more and cannot be reoccupied until a new Certificate of Occupancy has been obtained. I grew up in this building and it has been tenanted for as long as I can remeber.
Is there any way to administratively have these old violations removed? Or will I have to hire expensive attorneys and architects to draw up plans and apply for a new C.O. as if it were a new building?
ok, a lot of misinformation here. DOB and the
HPD are two very different departments. HPD has
a process for clearing old violations.. see their
website.. it only costs $300.
Also, does the building have a c-of-o?
if no major work was done in the last 60 years on it and it was built before the 1900’s it probably
doesn’t.
A c of o has nothing to do with the length of time you have occupied the building — illegally I might add. I know of several instances where tenants have legally refused to pay rent due to lack of c of o. If you think you’re going to save some money by not clearing the violation you will be in for a nasty surprise and will live to regret it big time.
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I don’t know what you can do but a c of o issue can have serious ramifications if you want to sell the property or refinance at some later time. Plus if you have tenants right now they could legally withhold rent.”
Now that is strange! Our house does not have CofO and never had. It was built yearly 1900s. Many buildings in Park Slope do not have a CofO for that reason.
We are doing some work with DOB approval and we will obtain a CofO for that reason and as a result. It not for that we would be perfectly fine without CofO and our tenants would never be able to legally withhold rent within terms and conditions of their lease.
I think not having a c of o isn’t necessarily bad if it was grandfathered as a 2? family at the time c of os were first created (in 1932?).
before you go all crazy with attorneys and architects and all, check the DOB website on http://www.nyc.gov to see what C of O is on file for the building.
It’s very possible that you have a valid C of O in place and that an application to remove these violations was never submitted. If that’s the case you can submit a request to HPD to review the violations and inspect if necessary. They charge you $300 but if everything is in order they will update their records to show that these have been corrected.
Now if you don’t have a valid C of O, then you might have an issue.
I don’t know what you can do but a c of o issue can have serious ramifications if you want to sell the property or refinance at some later time. Plus if you have tenants right now they could legally withhold rent. Given that risk factor i wouldn’t trust internet advice and i would call an attorney. The cost may seem like a lot but it could end up saving you money and aggravation in the future.
You do realize without a legal c of o you can’t charge rent so if for some bizarre reason one of your tenants decides to not pay you will be sh*t out of luck. Not to mention if you want to sell your property or refinance this will be an issue. I would bite the bullet and call an attorney.