C of O/Building Class
My husband and I are in the preliminary stages of purchasing a house in Brooklyn. The house is a brick attached (like the brownstone style but not brick instead) and built pre-1900. The agent and owner is selling it as a 2-family. We received a Letter of No Objection as B2 from the department of…
My husband and I are in the preliminary stages of purchasing a house in Brooklyn. The house is a brick attached (like the brownstone style but not brick instead) and built pre-1900. The agent and owner is selling it as a 2-family. We received a Letter of No Objection as B2 from the department of buildings from their laywer. Looking at the PropertyShark property report, it is stated as a three family brick (C0) in the zoning section of the report.
The house is two floors with a garden level. In the house, there is only ONE gas meter. I am sure a lawyer will eventually clear all this up but I’m wondering if anyone has any insight into this.
Why is the PropertyShark report showing it as a 3 Family?
Why is the department of finance issuing a no objection letter that it is B2. Could the owners have made a mistake and actually asked the DOB to state it as a B2, not knowing it is a C0?
Why is there only one gas meter, like it is a one family?
It’s clear the setup for the top two floors are single family units. My question is about the Garden level.
I noticed some houses on the block have the garden level set up as a legal doctor’s office. Could that also be a possibility? The owner mentioned that before they purchased the house, the previous owners were renting out the garden level as a doctor’s office.
Any insight would be helpful. I’ve search ACRIS but was unable to find a direct report about the zoning/CofO. Does anyone know any official govt site where I can find this information?
Whatever property shark rights is just a compilation of official records that were listed pulicly at some point and has zero legal value and should only be utilized for general valuable information that always needs to be re-verified and not as a source.
Finance records go mainly by tax rates and therefore is also not a good source of legal information.
A letter of no objection is an afficial legal document for buildings that do not have c. of o.’s or for speific uses. (e.g. a liquor store operating on a retail establishment c. of o.) but a LNO can be looked up on bis to see if it was issues and copies are available.
If there is non then HPD or finance property card records will usually state the official legal use that can be used to substantiate the usage if required or there are discrepancies out there.
A Letter of No Objection (LNO) is NOT a signed-off Certificate of Occupancy. Also, it looks like you’re confusing zoning with CofO. Ignore how Property Shark and even the Department of Finance classify the property. The only record that counts is DOB’s. Use the link Bklnite provided and enter the building’s address in the fields on the right hand side of the page. When the property profile opens, click on the link(s) for Certificate of Occupancy. If you did this and you did not find the Letter of No Objection, and did not find a CofO, then check the “Actions” link at the bottom of the page. If you do not find a LNO link there, then no LNO exists. How do you intend to use the building? Depending on your answer, the number of gas meters might be irrelevant or might be the least of your issues. Don’t rely on the seller or seller’s lawyer and don’t ignore Bklnite’s advice, “A good attorney representing YOU is key if you’re going into contract.”
One gas meter is not an issue. I converted a 1 family with no C of O to a legal 2 family and I have one gas meter. It was not worth the expense to separate the gas lines to the rental. As above, barely $20/month.
You might try this for zoning:
http://www.nyc.gov/html/dcp/html/zone/zonedex.shtml
Many old homes built before (I think) 1935 do not have a Certificate of Occupancy. Mine did not have one – it was not a problem during the purchase.
I looked for the CofO via DOB but for CofO, it was listed as:
THERE ARE NO CERTIFICATES OF OCCUPANCY ON FILE FOR THIS ADDRESS
There are no additional gas lines. It is one gas line with one meter. The seller/seller attorney probably realized this would be an issue so I guess that is why they requested the No objection letter from the DOB.
It would cost about $3000 to add in the meter and gas line? How long does it take to file this with the city and get the meter?
It may have never been physically converted from a 1-family to a 2- or 3-family and the whole building used the same gas line (i.e., an illegal use of space that contradicted the original use of the building). In my experience, having just bought such a house, you need to see what the City (i.e, DOB) has your place listed as, not what PropertyShark or another commercial site claims it to be. The lawyer that sent over the contract from the opposing side listed mine as a 1-family, although it hadn’t been such since the early 20th century. It was broken up into a two family in the 20s or 30s, and used as a 4-family in the last who knows how many years. Mine had two gas meters – how they separated the bills in the last years is probably a story that can be told throughout the City. But again, everywhere I looked my house was listed as a different class of building – even on ACRIS (because, remember, these are documents that are drawn up by commercial interests and filed with the City, often with the incorrect information).
acris has recorded deeds and mortgages. For the C of O look it up in the BIS.
http://www.nyc.gov/html/dob/html/certificates/co_document.shtml
A good attorney representing you is key if you’re going into contract. Assuming no major legal issues, I personally wouldn’t sweat one gas meter in a 2 family. You’re going to pay for heat and hw for the building anyway. The lack of the tenant’s gas meter means you’d pick up the tab for 20 bucks a month or so in cooking gas and you can adjust the rent accordingly.
Check the gas lines to see if there were two meters (or three) and one was removed. Call the gas co, say you’re buying the place, ask if there was a meter on the second unit and if they have a record of why it was removed. If there was no separate line or the line was destroyed, you’ll have to put one in. (Or electric.) can be a tad messy and pricey. Maybe $3,000 or so including permits, plus more for plaster work. Is there a stove? Is it electric?