I am buying a 3 story 2 family building. it has 3 completely separated apartments- each on its on floor. it was built like this 80 years ago. I wanted to find out how to convert the cfo to a 3 fam but I saw in the forum that ppl said that it cannot be done to a wood frame. Now, my question is this- if I rent out the second floor apartment, with a lease which indicates that it is a sublet of bedrooms is it still illegal? on what basis I am not allowed to sublet the second floor apartment?
If the city looks at the 1st and 2nd floors as a duplex- even though it was never as such. then why can’t I sublet bedrooms? If I would have bought a 4 bedroom, 2 bath, condo duplex and wanted to rent out to roommates my two other bedrooms it would have been illegal???

Thanks


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  1. Tinarina, you had no problem because you went down, 4 -to- 2 families. OP wants to go up, 2 -to- 3 family.

    As for OP’s questions. You can do whatever you want. But, if you get caught, you can have a whole heap of trouble from your lender to the City to your tenants for renting out an illegal apartment. The situation you are describing is NOT the same as taking on a roommate. You are describing a separate apartment with its own kitchen, right?

    Consider the upside vs. downside and make an educated choice. But don’t try to fool yourself into thinking it’s legal, because it’s not.

    Good luck~

  2. Unless this is a documented legal 3 family in a wood frame building, it is not legal to make it one. It would have to be masonry construction.

    Jock deBoer, AIA
    deBoer Architects

  3. don’t convert it. Just do your renovations saying you need another kitchen. 3 family is higher insurance, higher interest rate on loan, harder to sell.