Garden Duplex
Many posts get close to the issue that we’re facing but I wanted to start another because I’m sure there are many people facing the same issue. We bought a condo apartment last year. A ground floor and basement/cellar duplex at the back of the typical 5 floor+ building built pre war on the foundations…
Many posts get close to the issue that we’re facing but I wanted to start another because I’m sure there are many people facing the same issue.
We bought a condo apartment last year. A ground floor and basement/cellar duplex at the back of the typical 5 floor+ building built pre war on the foundations of a brownstone. The basement/cellar retains the original Brownstone walls.
The apartment had been remodeled to have a bedroom, living room and bathroom on the ground floor and the Kitchen/recroom + powder room down stairs. Both floors have doors to the building stairway (having been separate units in the past). Downstairs is zoned as commercial and upstairs is zoned as residential. Downstairs has a rear door opening onto a back yard, L shaped across the back and along the side 20 feet each and about 15 feet wide. This area backs onto restaurants and a gym business and has a 10 foot high canvas wall (which we plan are replace with soundproof walling to reduce AC fan noise – 4 fans)
We’ve retained an architect to advise us on remodeling the apartment and yard. We want two rec rooms and full bath down stairs and Kitchen and through open sitting room upstairs with a powder room.
This is the issue and my question.
We’re advised that there should not be a kitchen down stairs and our remodeling would entail DOB inspection requiring us to remove it and put it upstairs (all plumbing it still upstairs although blocked off). The Architect advises us that the apartment had an illegal kitchen when we bought it and as such we may have a claim against the seller or their agent because without a legal kitchen it’s not an apartment. Also. Despite the fact that the only plans in existence (included in the offer documents) of the apartment show a full bath down stairs which has obviously been removed and replaced with a powder room we’re also advised that we cannot replace the powder room with a new full bath.
Should we stop all plans and look for restitution against the seller or just face it that we’ve been done as any legal case we may have would in practice be too expensive and lengthy to chase.
I’d add that i think the downstairs is a cellar rather than a basement (More than 50% below the level of the front side walk) but as i said above is zoned commercial and shows as a doctor’s office in offer documents.
I’ve done my best to search the DOB website but can’t find any plans for the apartment. The architect and expeditor (who’ve now spent almost $12k of our money) say that the DOB has lost all plans for the apartment.
Any help/advice very much appreciated.
So, spill the beans 3:41; did you file the job?
i have a new condo duplex (not illegal downstairs – cut out in back, and about 3 ft higher than curb in front – with lots of windows and egress). we put our bedrooms, laundry, storage and a full bath on the lower level (also have a small play area).
on the upper level, have kitchen connected to really big dining room with a lot of built-ins, a full bath, an office/guest room, and a big living room leading to the outdoors.
took almost 2 years of looking at condos to find a set up that we could configure like this (we did work moving rooms and plumbing around). BUT, it’s everything that we wanted and more. the living room is on top of the master bedroom, so our child goes to bed and never hears us hanging out at night.
Also, soo quiet for sleeping and then 1000 sq. ft upstairs of light filled living space (have side windows).
see what you can do without having to file perhaps. do recommend our layout wholeheartedly though.
What you’re saying makes no sense, 10:50. Where does he say he -wants- to sue? He’s reporting what his architect said. And nowhere does he imply he wants (or gains anything to speak of) by keeping the downstairs zoned as commercial. He’s clearly stating his intentions and desired outcome, which is more than most people manage to accomplish.
What 10:50 said. I find people like the OP amazing.
Seems like you want to have your cake and eat it too. You want to put a full bath in the cellar/basement and 2 “rec rooms” because you want to use at least one of them as a bedroom with access to a full bath. In other words, you want to use it illegally. To fund this expensive venture, you want to sue the seller who had an illegal kitchen down there.
If you are suing anyone else shouldn’t you be suing your own attorney and or inspector who didn’t catch this situation during the due diligence period of the purchase. Or maybe you just didn’t do your due diligence. Hmmmm.
I think you have to consult with an attorney regarding seeking recission from the seller. (I don’t think restitution is the right type of remedy — restitution usually means the return of money in order to make you whole, and because you have ownership of the property, you probably are already “made whole”. Maybe you mean straightforward money damages.)
A lot of the analysis will rely heavily on the terms of the contract and other documents at closing. And yes, it may be length or costly to pursue, but if a decent remedy is available that may still be better than being stuck with an apartment that is nowhere near usable for you.
New York City Administrative Code Section 27-2083 – Occupancy Of Cellars And Basements In Multiple Dwellings Erected After April Eighteenth, Nineteen Hundred Twenty-nine.
§ 27-2083. Occupancy of cellars and basements in multiple dwellings erected after April eighteenth, nineteen hundred twenty-nine. Except as provided in subdivision d of section 27-2082 of this article, no dwelling unit in the cellar or basement of a multiple dwelling erected after April eighteenth, nineteen hundred twenty-nine may be occupied unless: a. Every room in a dwelling erected after July fourteenth, nineteen hundred sixty-seven has a minimum height of eight feet, and in dwellings erected prior thereto has a minimum height of nine feet in every part, except that four beams each not more than twelve inches wide may extend a minimum of six inches below the basement ceiling. b. Every part of the ceiling of every such room is above the height of the curb level directly in front of each such part by not less than: (1) Four feet six inches for a room in a dwelling unit located in the front of the dwelling, or (2) Two feet for a room in a dwelling unit located in the rear of the dwelling. If the yard is sixty feet or more in depth, this requirement does not apply. Height above curb level is measured on the street on which the dwelling fronts. c. The level of any yard or court upon which a required window opens conforms to the requirements of subdivision eight of section twenty-six of the multiple dwelling law. d. Every room has at least one window opening upon a street, yard or court and is a part of a dwelling unit containing at least one room with a window opening upon a street or yard. e. A required window in every room shall comply with the provisions of subdivision c of section 27-2058 of article one of this subchapter, except that the total area of all windows in such room shall be at least one-eighth of the floor area of the room and the top of each window shall be located not more than one foot from the ceiling. f. Except as provided in subdivision g, not more than one apartment, as recorded in the certificate of occupancy, shall be located in the cellar unless the yard is sixty feet or more in depth. Such apartment shall contain no more than five rooms and a bathroom and shall be occupied either by the janitor or a rent-paying tenant, if no member of the family is under the age of sixteen years. No required window in any room of such apartment shall open upon a court less than five feet in width. Every part of the apartment shall be: (1) Within twenty-five feet of the inner surface of the front or rear wall of the dwelling, or (2) Have a window opening upon a court of the dimensions provided in subdivision seven of section twenty-six of the multiple dwelling law but in no event shall such court be less than ten feet in width. g. A maximum of three additional rooms may be located in the cellar exclusively for the use of persons regularly and continuously employed in the maintenance of such dwelling. Each such room: (1) Shall be completely separated from any other room or private hall; (2) Shall have access to at least one bathroom without passing through the apartment provided for in subdivision f; and (3) Shall comply with the provisions of subdivision f for required windows.
Its my understanding that most sellers do some sort of an “as-is” agreement at closing that releases them of any liability.
But even if this wasn’t the case, what would your claim be?
If your lower level is zoned commercial, how are you using it as residential? Isn’t that illegal in the first place? I don’t think that any of the past matters when you file new plans. It only matters what you propose to do.
I also do not think you can sue the former owner. It’s not their fault that you failed to do your research when you bought the place. Maybe you were the only poor soul who didn’t find out the illegality of their place so that’s why you “won” the bidding war.
Your Architect is smart. You can only have a powder room in the basement.