I’m trying to understand the sequence of events when changing the CofO. I’m looking at buying a 2-family and making it a 3(or 4) family. It sounds like the approval could take upwards of a year. What can be done before getting approval? Rent the 2 units just until the approval? Renovate as much as possible and then let it sit vacant?
How do people usually handle the long wait?

Thanks


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  1. Thanks for the responses. I’m just trying to understand the general process for a change of CO. The zoning and FAR are pretty straight forward. From what I’ve gathered, it’s waiting for the new plans to be approved by DOB that takes a long time (up to a year?). I’m just wondering what people generally do while waiting? Moving in or renting units out (based on current CO) just until getting approval seems less than ideal.

  2. Just a word of caution: it is relatively easy to change a CofO DOWNward (i.e. 4-Family to 2 family) but very hard to do it upwards.
    Speaking very generally: going to 3 or more units means that now you suddenly will have to comply not only with the NYC Construction codes but also with the Multiple Dwelling Law which was enacted to protect tenants in rentals. You enter a whole new category of requirements concerning fire protection and egress etc.
    If you are doing a full-gut reno, then that might not be as big a deal, but if you’re not planning on that, it’ll be hard.
    You might want to get in contact with an expediter who knows code well. I can recommend somebody if you’re interested (it’s not me :-))
    Best of luck!

  3. Unless you are unconcerned with legal ramifications and fines, a building’s use must conform to its current CO. So many fundamentals and underlying knowledge (legal use, zoning, FAR, permits, etc.) missing from your question that it’s clear you need to review your intentions with a knowledgeable attorney and/or architect before proceeding with purchase. From the DOB: “A Certificate of Occupancy (CO) documents the legal use and/or occupancy of a building. If planned construction will create a new building, or will result in a change of use, egress, or occupancy for an existing building, a new or amended Certificate of Occupancy is necessary. A final Certificate of Occupancy will be issued when the completed work complies with the submitted plans and applicable laws, all paperwork is completed, all necessary approvals have been obtained from other appropriate City agencies, all fees owed to the Department are paid, and all relevant violations are resolved.”