One permit, two phases (two apartments) - experience?

Hello,

I have a two-family (3 story), with one floor that’s a standalone and another apt that’s a duplex (2 floors). Here’s the catch. Previous owner cut the duplex in two so it looks like a three family. I did rip out one of the kitchens (so 2 kitchens total). No CO, taxed as 2. Now, I have an architect with a plan to fully fix that, and reconnect the duplex.

However, budgetary consideration are that I want to phase this into two phases, over the course of 6-18 months. Architect says I should pull one permit, leave it open as long as needed (just renew if needed), and phase it in as needed.

But I have two worries.

Worry 1 – what if the DOB decide it’s illegal use as 3? Does the open permit and a plan to fix that give me immunity ?

Worry 2 – doesn’t the open permit bind me to the same contractor who will pull the permit? I trust the architect; contractors, not so much.

Is it better if I just wait a few years until I can do the whole thing at once?

soundhoner

in General Discussion 6 years and 7 months ago

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yudashasom | 6 years and 7 months ago

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Do the first phase with permits, the second without.

a2chitect | 6 years and 7 months ago

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I think your Worry #1 is not a problem. DOB is not suddenly going to decide that your 3-family use in illegal. Even if they did, you can tell them that the intent of the application is to rectify the illegal use.

For Worry #2, you could, in theory, do one renovation with one contractor and then replace him/her with a different one when the time comes to do the 2nd renovation. The permit needs to stay open, and there needs to be a seamless transition I believe. It’s only complicated in that you may have some friction with the first contractor if they think they are awarded the entire job and then you replace them halfway through.

If you can do the entire work in once, it would be better, but if finances don’t allow it, this work around is possible. Make sure you factor in the patience (or lack thereof) of your immediate neighbors. 18 month renovations are not fun for anyone.