DOB question: 2 family v. 1 family
We recently purchased a brownstone that is listed with the DOB as a 2 family and the Dept of Finance as a 1 family. There is no C of O. The previous family was using it as a one family and we would like to keep it as that (without changing it with the DOB). Is this possible? We are renovating so will be filing with the city. I wanted to know what the requirements are for a place to be listed as a two family with the DOB. Thank you!
psrookie
in Building Code 12 years and 3 months ago
4
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4 replies
eme1million | 12 years and 3 months ago
The other factor you need to consider before legally changing this to a one family has to do with your mortgage (assuming you have one). If your bank loaned on this as a two family, then you risk issues down the road in coverting it to a one family. You may be violating the terms of your loan. It will also make it very difficult to refinance should you ever need to.
dazednconfused2 | 12 years and 3 months ago
If you’re filing a renovation, use it as an opportunity to declare the house appropriate to its use. If you want to use it as a one-family, then make it so. Once you’re doing a renovation that requires filing, you’re most of the way to a new C of O anyway. Assuming your building is up to code, there will be little additional work, if any, to change the C of O. If it’s not up to code, you may not pass inspection anyway, so do the work to bring it to code, and get the new C of O. I respecfully disagree with the earlier posts saying to just use it as a one family. Yes, it’s true that you would be unlikely to get a violation if you file it as a two family and use it as a one. However, to pass the inspection, you’d need to have a legal, fire rated separation between dwelling units, separate entries (from the hall, not the exterior), two kitchens, and at least one full bath in what would be considered each separate dwelling unit. If you need to make significant changes to the layout to keep it a two family, and install a kitchen, just to keep it a two-family, that’s a lot of needless expense if you don’t want to live in it as a two-family, especially if you’ll just end up taking out the second kitchen anyway. Don’t forget that to pass inspection, the plumbing fixtures for that kitchen will need to be installed and inspected. You won’t pass the inspection if the fixtures aren’t installed. You’d need the range (if gas) and the sink installed, and some kind of cabinet for the sink to sit in. Again, a huge wast of money if you’re not planning on using that kitchen. In short, I think you’d regret it in the long run.
nalusurf | 12 years and 3 months ago
We are in a similar situation. C/O’ s were not in existance until sometime in the 1930’s so they will be of no help. Ours was listed as a 2 family on all records for DOF and DOB except for one document that showed up in the DOB’s record as a 1 family. DOF has absolutely nothing to due with what the building is legally built for their only concern is for tax purposes so usually they will list it for as many families as possible. In your case, I agree with putnamdenizer, they are not going to care if you are using it for less that what they have it listed for.
Putnamdenizen | 12 years and 3 months ago
The DOB isn’t going to care if you underutilize the house.