3 family used as a 4 family
At the end of this month I am closing on a 3-family building that is currently set-up as a 4-family (i.e. full kitchen in garden-level, kitchenette on parlor, kitchen on third floor, kitchen on fourth floor). This building has been used by a single family for 50+ years, so I am the first non-family member…
At the end of this month I am closing on a 3-family building that is currently set-up as a 4-family (i.e. full kitchen in garden-level, kitchenette on parlor, kitchen on third floor, kitchen on fourth floor). This building has been used by a single family for 50+ years, so I am the first non-family member to take ownership of this property since then. It is listed as a 3-family but has been used as a 4-family for so many years. Why can’t I continue to use the space the way it has been used? I’d like to live in the garden-level and rent out the top three floors. If necessary, I’ll create a duplex out of the garden and parlor-level and get a “roommate” who will use the kitchenette on their floor and will be separate from me. What’s wrong with this? If there is something wrong, who has the right to come into my home to do an inspection? If they find the kitchenette a problem, I bought the place set up as it is, I didn’t put something in illegally. What exactly defines an “apartment” anyway vs. a roommate situation on two floors? Thanks.
If you have four kitchens the city will consider your use contrary to the c of o. In practical terms, what this means is that any of your tenants can look up the c of o, see that their apartment is illegal, and legally not pay you rent. Legally. Not. Pay. You. Rent. You will receive no rent. For your apartments. That people are living in. Do you understand that?
You may think it’s cute and metaphysical to ponder about what defines an apartment. Believe me, the DOB takes a very different view.
To OP:
Re: roommate idea.
so…you should only rip off your friends by renting an illegal apartment?
1:41 back again:
Dude, the consensus here is that it is a very,
very.
bad.
idea.
I have no expertise, but I’m pretty sure that the stove/oven is what defines a kitchen, and you are allowed to have a refrigerator and maybe even a sink. You should check with an attorney, but if you make 2 apartments into a duplex, as you describe (i.e. changing the kitchen), but take on a roommate, it would be perfectly legal. In fact, if you did that, and changed the kitchen into something else, you could even invite the DoB to inspect and they wouldn’t feel you had broken any laws.
Also, people often have a 2nd sink and refrigerator in a downstairs rec room (i.e. a bar area) who are legitimately using the space as a single apartment and not trying to “get away” with something illegal. I would think that is ok, but don’t have any real knowledge.
depending on the setup this could effect your home mortgage interest deduction if you were planning on declaring it
I got a huge kick out of looking at a condo offering plan for units that included a second kitchen in the basement. The offering insists, very sternly, that kitchen is only to be used during the 8 days of Passover.
1:54PM – I wonder if a kitchenette without a stove or oven is still considered a kitchenette. I am considering removing the stove/oven and replacing it with a washer/dryer and 1/2-sized refrig. I can simply make coffee in a coffee maker, and popcorn, etc. in a microwave. I’ll check with an attorney, just to be on the safe side, but I cannot see how I would be breaking the rules or exposing myself any more than anyone else in a roommate situation this way. Thanks.
1:21 here: The roommate idea is interesting but i have no clue what the answer is. I would talk to an attorney. But I do know its illegal to have 2 kitchens in an apartment (unless its for a kosher kitchen).
OP here: Okay, now what if I set it up as a roommate situation and we shared the kitchen on the garden-level. I’d live on the parlor and he/she would live on the garden in the two rooms off of the kitchen. He/she would not have a lease as we’d be living together as roommates. I’d keep the kitchenette on my floor, for coffee in the AM and late night snacks, but make my meals downstairs. Would that works better? I’m willing to compromise to make this work and I certainly don’t want any problems. Thanks.