C-of-O when renovating a pre-1938 Brownstone
We’re renovating a C-of-O free brownstone, and are trying to determine the best course of action for filing with the Buildings Dept. We’re reconfiguring the house from a top-floor rental to a garden rental, and adding a deck out the back of the parlor – which seems a pretty normal thing to do. We’d like…
We’re renovating a C-of-O free brownstone, and are trying to determine the best course of action for filing with the Buildings Dept. We’re reconfiguring the house from a top-floor rental to a garden rental, and adding a deck out the back of the parlor – which seems a pretty normal thing to do. We’d like to avoid the cost and hassle of getting a C-of-O, and we’d also like to avoid installing a complete fire separation between the garden unit and the duplex, which our architect is saying would be necessary with a 2-family C-of-O. Also, does getting a new C-of-O imply a tax re-assessment (and increase?) Finance already thinks of us as a 2 family, but our assessment is pleasantly low and we don’t want to jeopardize this. Thoughts? Guidance? If any is forthcoming, I will be particularly thankful this week!
It isn’t a legal two family, at least for insurance purposes, if it doesn’t have the fire separation. So let’s say the unthinkable happens, and because you “skimped” there is a fire and someone is injured or worse. You might be liable, because you intentionally ignored the code. In my opinion, it wouldn’t be worth the risk. Are you going to ask you tenants to sign a disclosure form so that they are aware their rental is intentionally not up to code? Probably not!
my point was that it very well be a legal two family now and therefore there may be no need to obtain a new “c of o”.
BTW, I missed the comment further above about not seeing value in obtaining new CO. Bad advice in my opinion. If you intend to have tenants, make sure their units are legal, legally registered, and match your CO.
Just to echo posters above: go the legal route, use knowledgeable professionals. Even if you managed to complete your work without proper permits (an approach
I don’t endorse), it would certainly come back to bite you at far greater cost and much more hassle down the line. As to Finance, don’t rely on their records for certifying your CO status—they don’t have that authority. Finance records do not always match DOB, and if a reno was not closed out with DOB, then CO/DOB records will not show and authorize new occupancy.
i agree with bolder, i have worked on multiple brownstones in brooklyn and its always different – based on whats there and what you want to do. Ill say this though if you are going to do work dont even try to do it without permits, I have seen too many people get caught recently. But for overall strategy hire an architect/expediter pull the block and lot folder at the DOB and get the i cards from hpd and map out the potential scenarios from there. you have to find proof of the two family status before you have to worry about fire seperations (or ceilings). In the end as someone else said you may not see the value of actually obtaining a new “C of O” if your not changing the use of the building.
Happy thanksgiving, dont know if this helps.
You need to talk to your architect/engineer and then probably an expediter. Even if you have to pay a $2k consulting fee, it’s worth it to avoid hassles once you’ve started spending on the reno.