To C of O, or not C of O
Bought our 2 fam house in Ditmas Park last year knowing the roof would need replacement. The house was built in 1903 and has no C of O, as it predates when C of O’s started. We have refinished the basement (added a full bath) and knocked a wall down in refinishing the main floor….
Bought our 2 fam house in Ditmas Park last year knowing the roof would need replacement. The house was built in 1903 and has no C of O, as it predates when C of O’s started. We have refinished the basement (added a full bath) and knocked a wall down in refinishing the main floor.
We just submitted plans to DOB to replace the roof and add two dormers and a full bath on the top floor. They are now insisting that we apply for a C of O, which could cost $10,000 and add many, many months to the project (we are expecting our first child in Nov). One option is to do just do it w/o permits, which we don’t want to do. Another is get a work permit for the interior work, and just do it, and then forget about C of O or apply later, which would subject us to small fines, etc. Any advice? Any problems with not having a C of O down the line, especially if we ever decided to sell (whcih we’re not at this time)? Help???
Back to OP’s question, I’m a homeowner and not an architect but have been through the process of having my architect haggle (successfully) with DOB over Alt-1 vs Alt-2 (Alt-1 requires c/o at the end). DOB is more of a stickler than it used to be. Something you are proposing in your plans is causing DOB to want a c/o, either because you are changing some use, or are unwittingly appearing to. In my case, DOB thought we were creating an extra room when, in fact, we were moving a divider beteween two existing rooms but the room count didn’t change. Consult with an architect or expediter about your plans and whether there is a way to present or modify what you are doing so as not to trigger the c/o requirement.
If DOB signs off on your work on an alt-1 in a pre c/o house and you do not need to get a c/o, it will not affect your ability to sell, get a mortgage or collect rent. If your house is a legal 2-fam without a c/o, tenant cannot use absence of c/o as grounds not to pay. On the other hand, if you open a permit under an Alt-1 and don’t get the c/o before the tenant moves in, you may run into legal enforcement difficulties if a bad tenant refuses to pay.
The trick is, if you do part of the job, and then file another part, inspectors might catch the unfiled work and issue a violation. So if you are planning to break up the job and file only part, be very careful.
oh scroll down to the question
How can I find out if the building where I live is a legal structure for residential use and whether it is rent stabilized?
also it continues with:
“If the certificate of occupancy does not permit residential use, the owner may not be able to sue you for rent although the owner may seek to remove you from the space. ”
I would assume that also applys if you have no C of O too. Which is what i have been told. I actually knew someone who was in litigation for years with a tenant that they had inherited from the previous owner. The tenant had rented a commercial space but since the lease was for a residential unit and the c of o was for a commercial unit the landlord couldn’t collect any rent. Also the landlord couldn’t evict him b/c he wasn’t in violation of his lease or some other catch 22 so this guy lived there for at least a decade rent free.
Hi 5:00pm its 3:09-
http://www.housingnyc.com/html/resources/faq/misc.html
“To determine if your building is classified as a residential building, contact the City’s Citizen Service Center by dialing 311 and ask for information regarding Certificate of Occupancy, or visit the Department of Buildings at 60 Hudson Street, 5th Floor. If your building does not have a Certificate of Occupancy, it is not a legal residence.”
wow. shining examples of why you should take consult from internet forums with a healthy dose of skepticism. of course banks will finance a property without a C of O. many of us on this forum (myself included) have done so. and can poster at 3:09 kindly back up the “you need a C of O to legally rent out an apartment” info? what law states that?
If you plan to rent out part of your house you will definitely need the c of o. You need a c/o to legally rent out an apartment. I don’t understand why you wouldn’t be able to sell it though without one, since you just bought the house and it had no c of o. That seems to imply people can get financing without them, unless you personally paid all cash?
You do not need a C of O to get a mortgage. Im sure you didnt have all cash when you bought your house so you know this.
you will most likely need a c/o when you sell unless your buyer is all cash. I was goig to wait to file my c/o post reno, but you need to have an open permit so you may as well do it sooner than later… PS don’t know why it would cost $10K anyway ( it cost me $1000 in expediter/ filing fees….)