Letter of No Objection
We’re buying a townhouse that has no Certificate of Occupancy on file (grandfathered from before 1938), and essentially no legal designation with the Department of Buildings. It has been used as a 3-family and is taxed as a 3-family. It has no fire escape or sprinkler system as would be required if it were a…
We’re buying a townhouse that has no Certificate of Occupancy on file (grandfathered from before 1938), and essentially no legal designation with the Department of Buildings. It has been used as a 3-family and is taxed as a 3-family. It has no fire escape or sprinkler system as would be required if it were a legal 3-family. We plan to live in it as a 1-family, but want to keep our options open for it to be a 2-family. Our bank is insisting on appraising it as a 3-family because it has been used as such, even though we removed the third kitchen, and because it is taxed as such. The difference in our mortgage interest rate between a 3-family and a 2-family is about a half a percent, which adds up. We’ve heard we can file for a Letter of No Objection from the Department of Buildings. Has anyone done this? Can anyone shed light or offer advice regarding legal use, legal status, tax status, etc.? We’ve heard that 3-family houses are more valuable for resale, but we intend to live in the house for a long time, and it seems that 3-family status will require $30,000 or so in sprinkler/fire escape/self-closing fire door upgrades. Any input would be much appreciated. Thanks!
I am having a similar problem. There is a C of O which states the property is a one family. But in the Building class it says S1-1 family with office or store. An attorney advised me to get a letter of no objection…is it necessary?
Maria -“trying to get to Glory Land”
I’m thinking of buying a mixed use building in Brooklyn for a restaurant with liquor license on the ground floor and apartments above. There is no c of o on the building. I know I will need a letter of no objection for the restaurant space in order to get the liquor license. However, I’m told that in Brooklyn all of the plans for the restaurant will have to be signed off before the letter of no objection will be issued, which means building the restaurant before I get the letter for the SLA. Is this true?
generally a Letter of No Objection is for a use which is not as of right in a building with no C of O. eg a restaurant with apts above.
In your case, you need to obtain a C of O
A letter of no objection is very simple to obtain from DOB. When there is no c/o DOB gives the letter based on the tax bracket that the property falls under. If and when you apply and for whatever reason you are rejected, it is then necessary to hire an architect. This process generally takes about 2 weeks and there is a $25.00 dollar charge for the letter. To get started you have to visit the 8th floor at DOB. Good luck and keep us posted, as you move along in the process.