Unpermitted Conversion B3-2 Two family from one? 1925 C of O

We’re purchasing what was advertised as a legal 2 family home in Brooklyn but my partner and I are having doubts this was converted legally. The DOF classifies it as a B3-2, two family converted from one, however there are no permits or records at DOB for this conversion and no Certificate of Occupancy as it was built in 1925.

We signed the contract thinking we would need to do some slight alternations but now we are anxious if we will get approved for any permits with no C of O or have our house inspected and see that the basement is used as a bedroom for the first-floor unit.

We have looked into getting a Letter of No Objection but have doubts we can get that as we have no I-cards or anything historical documents in fact (we went to DOB Brooklyn and searched for Block and Lot folder, nothing found). Surprisingly, the Title search was able to find a Corticate of Occupancy from 1925 from the Bureau of Buildings. It shows it as a one-family. This was reported in the Title report but we the actual C of O is illegible to us.

My question is, does the 1925 Certificate of Occupancy still valid and stand to this day? If there are no other records of filings would this house be legally a one-family house? If so, can we use this C of O to go back to the sellers and re-negotiate as this was presented in the contract and sale as a legal 2-family? If we go through with the sale, we will have to file an ALT1 and remove the 2nd kitchen in the 2nd unit and do more alterations and permit work than we would’ve wanted.

Any Feedback is greatly appreciated!

debbiegodslady

in General Discussion 4 years and 3 months ago

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hkapstein | 4 years and 3 months ago

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It sounds like the evidence actually suggests the legal use is a one and it’s used as a two though. It will definitely cost you significant money and headaches to get a new CO for a 2-family.

resident2 | 4 years and 3 months ago

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If the seller is representing it as a Two Family, it is up to the seller to present the proof as such. Have a Brownstone Architect check the proof of it for you.
Make sure you are using an experienced Real Estate Attorney that works with historic Brownstone Townhouse transfers.
If your plan is to use it as a One; there is no issue with using it as a one with a legal use as a two.

hkapstein | 4 years and 3 months ago

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If you have a certificate of occupancy from 1925 that is on file with DOB, is legimate, and nothing about it disagrees with the way the building is being used now, you should be okay to continue using the building in that manner. So if your 1925 CO says 2-family, and doesn’t describe which floors belong to which units differently than you are using them, or some other discrepancy, in my opinion, you’ll be okay to pull permits for an ALT-2 consistent with that use. In NYC a basement is more than 50% above grade. A cellar is any story more than 50% below grade. You cannot have a bedroom in a cellar. Technically there may be some exceptions, like if you have a huge dugout area, but that’s unlikely to apply here. You can have a bedroom in a basement(50% above grade) subject to some requirements that should not be prohibitive.