How do I determine if my apartment is a legal residence?
Hi there, It has recently occurred to me that I may be living in an apartment that can not legally be used as a private residence. I have searched for a CofO on the NYC Department of Buildings website, and the search came back with “THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS…
Hi there,
It has recently occurred to me that I may be living in an apartment that can not legally be used as a private residence. I have searched for a CofO on the NYC Department of Buildings website, and the search came back with “THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS ADDRESS”. It is also zoned by the the Dept. of Finance as G1 (garage or gas station) even though this may not be the same as the legal use of the structure.
Can someone please confirm whether the information I found is correct or how/where to go to confirm this information?
If it true that I am not living in a legal residence, is this solid ground on which to get out of a lease?
While I can certainly see scenarios in which a tenant should go after a CofO violation in order to protect onself (ie, finding out that you are living in a “luxury loft” that used to be used for some nasty heavy industrial use and are having a hard time getting out of the lease and don’t want to shove it onto someone else), it could also be a real Dick Move on the OP’s part, and could backfire as a practical matter.
I used to live in a loft building that had CofO problems, and some tenants in the building used the CofO issue to start a legal battle with the landlord because they were cold and had high gas bills in winter. This was not straightforward, it was a long, protracted legal battle, I think the only people who got anything from it were the lawyers, and it was a shame because the landlord was actually a fairly decent human who didn’t need to be sued in order to do the right thing.
My understanding is that the landlord cannot collect rent from you for the residential use of the unit. If you have a commercial lease, I am not sure what the implication of the tenancy are then.
If you want to move out, why not just ask the landlord to kill the lease because it appears that it is an illegal residential unit and you don’t want to end up homeless like the people in that building in Williamsburg?
If there are 3 or more units and the landlord has not registered the building with HPD as a multiple dwelling then the landlord does not have the right to collect rent and the tenant would have a successful defense in a non-payment case.
A landlord providing a “warm safe place to live” is not, in itself, enough to overcome an illegal multiple dwelling or a violation of the C of O.
Aparently i live in bakery according to our C of O.
it’s just not that big a deal.
Cheers,
Dean
I disagree, Bklyn Fire Alarm Guy. Landlords cannot collect rent for units without CofOs. I agree that if a rent strike leads to housing court, there may be some charge for use and occupancy, but that has nothing to do with the DOB. If the apartment and/or building is not legal for residential use, you would absolutely have the right to break any residential lease that you signed.
OP: You haven’t provided enough info. Are there other residential units in the building? If so, I’d ask other tenants for their input on this situation.
Gennaro is correct that it may be grounds for breaking your lease, though typically it is not. The use and occupancy are between the owner and the department of buildings. In the eyes of the housing court, as long as the owner is providing a warm safe place for you to live then you don’t really ave much standing. However if it is not legal and the department of buildings inspects and orders you to vacate you are out of your lease. You must continue to pay your rent.
G1 is a building classification. Zoning is R (residential), C (commercial), and M (manufacturing), regulating building size, population density and land use. Are you looking for legal justification to break your lease or is there something different or more that you’re asking?
The HPD website lists the number of legal units.
It also shows violations.
Are you living in a carriage house? Definitely agree with 364house that checking out your building at theDOB is your best bet.
Good luck!