TenantNet Forum

Where tenants can seek help and help others



Is B1 two family with three apartments legal?

Public Housing (NYCHA), SRO, HUD, HPD, Mitchell Lama, Lofts, Coop/Condo

Moderator: TenantNet

Is B1 two family with three apartments legal?

Postby Kalebrulee » Mon Aug 10, 2020 3:30 pm

Hello,

I am renting in a building that is classified as a B1 two family brick. However, it has three apartments and it is listed as having 3 apartments with HPD. There is no Certificate or Occupancy, but the I Card (it was built pre 1900) lists three apartments. DOF, however, has two units on record.

I just want to know if I’m in an illegal unit. Thanks for any help you can provide.
Kalebrulee
 
Posts: 2
Joined: Mon Aug 10, 2020 3:26 pm

Re: Is B1 two family with three apartments legal?

Postby TenantNet » Mon Aug 10, 2020 4:00 pm

Cert of Occupancy are required in buildings constructed some 1938 (some sources say 1939), and they describe the legal use of a building and the floors within, either residential. commercial or other. If a building has had a major alteration, that would trigger the need to obtain a COO.

The I-card is from HPD, and an old way of registering apartments.

If DOB lists 2 units, then perhaps there was an alteration that occurred at some point. Maybe two units were combined. Have you looked at all the old DOB filings? It would take some research.

You can see a definition of B1 here:
https://www.propertyshark.com/info/clas ... dwellings/

If there is a limit as to how many units can exist in a B1 building, that would take more research. I would check with DOB on that.

You might also (not to add to the confusion) look at the City Planning/Zoning designations. Start here:
https://zola.planning.nyc.gov/about/?la ... 25/-73.733

but also look at the actual zoning maps. I think B1 is a DOB designation, not Zoning.

"Illegality" is basically "who is asking?" and also "Why are you asking?"
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9648
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City

Re: Is B1 two family with three apartments legal?

Postby Kalebrulee » Mon Aug 10, 2020 6:34 pm

Thanks for the quick and detailed reply!

Okay, so Zola says Land Use: One and Two Family buildings, and it lists the total number of units as two. It says the zoning district is R6, which allows multiple units.

The DOB website doesn't have any history of permits issued. However, the ICard from the early 1900s says it has three apartments, so I don't think they would have had to renovate to create a third apartment...

I'm asking because I'm considering a lease break.
Kalebrulee
 
Posts: 2
Joined: Mon Aug 10, 2020 3:26 pm

Re: Is B1 two family with three apartments legal?

Postby TenantNet » Mon Aug 10, 2020 9:02 pm

Land use designates what can be built now. If it's an older building, it's grandfathered.

R6 is residential and the 6 tells how much residential and other things.

Google "The Zoning Handbook." We have an older version on this site http://tenant.net/Other_Laws/zoning/zontoc.html
but you can buy a much newer version from City Planning.

DOB permits - sure it does. Start here:
http://a810-bisweb.nyc.gov/bisweb/bsqpm01.jsp
Start with Building Information Search, then get the block/lot number
Be aware that the DOB system is very hard to decipher.

It's possible the discrepancy between HPD/DOF and DOB could lead to a conclusion that one or more of the units are not legal. That might get DOB to issue an order to correct the plans or to get a Cert of Occupancy. But I really don't know , you should ask an architect.

But even so, how does this enter into breaking the lease? If you're just looking to break the lease and anticipate the LL giving you a hard time, you can Google "HSTPA 2019 mitigation" -- or just go here:
https://nysba.org/nys-housing-stability ... must-know/
and then search the page for "mitigate"

As far as I know, this issue also covers unregulated tenants as well.
The Tenant Network(tm) for Residential Tenants
Information from TenantNet is from experienced non-attorney tenant
activists and is not considered legal advice.

Subscribe to our Twitter Feed @TenantNet
TenantNet
 
Posts: 9648
Joined: Mon Jan 21, 2002 2:01 am
Location: New York City


Return to Other NYC Housing Issues

Who is online

Users browsing this forum: No registered users and 5 guests