BUILDINGS WITHOUT A VALID CofO

The issuance of CofO’ s became a requirement for buildings erected or developed after the enactment of the 1938 Building Code. Buildings built prior to 1938 with alterations made thereafter which did NOT affect the existing use or occupancy, may continue occupying the building (lawfully) without retroactively obtaining a new CofO.

Aside from Department of Buildings (DOB), There are various Governing Agencies and/or banks, mortgage companies, or state authorities (i.e. SLA) that may require a building to provide a valid CofO for a specific use or establishment. For Buildings without a CofO, there are a few options and available NYC public resources to help verify existing uses or occupancy in a prior code building. Depending on the specific project and available property records, an LNO/LOV – Letter of No Objection/Letter of Verification may be requested from the DOB, if applicable.

Residential buildings with over 4 or more dwelling units.

I run a search via HPD – Records for available I-Cards or other documentation reflecting the number of dwelling located in the building. If the information on file results in a HIGHER number of dwelling units (i.e. building has 27 units but HPD reflects 32 units) the building may still be considered legally occupied. In summary, the Codes and Regulations allow an existing residential building to combine apartments (NOT add new apartments) without requiring a new or amended CofO. This should be analyzed on a per case basis verifying that ALL required conditions per DOB-Code Notes: Combing apartments are met.

Request DOB-Block/Lot search with Records Management for Pre-BIS Records
DOB-BIS Property Information became available to the public in 1990. However, many PRE-BIS applications including DOB project folders and microfilm may be available. An Architect with valid DOB-ID, Class-1 or 2 Filing Representative, or building owner can request old property records from the corresponding borough office. The search may take up to 1-2 weeks however, in my experience I have obtained folder dating as far back to the 1920’s.

Search DOF-Tax Maps, ACRIS, NYC Municipal Archives etc.

In addition to the above items, I suggest to search other municipalities within jurisdiction such as historic DOF-Tax Records & ACRIS for any declarations or exhibits, sandborn maps, NYC Municipal Archives etc. If records are not available via DOB -block/lot search, I get creative. On past projects, I have used yellow page archives from the NYC Public Library and historical news publications to verify existing building conditions. There is no guarantee that such documents will be accepted but should be considered, if necessary for the specific project.

BUILDINGS WITH A VALID CofO
When consulting on a project involving an Alteration of An Existing Building, I use the following guideline to determine whether the proposed alteration project triggers a Change of Use or Occupancy Application. The following can also be used to determine Which Codes Apply to an Existing Building.

• CofO’ s issued PRIOR to the enactment of the 1961 Zoning Resolution may not reference a specific Zoning Use Group. Many prior-code CofO’s are usually vaguely written and will likely reference 1938 BC – Occupancy Classifications (i.e. Commercial, Residential).

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• CofO’ s issued AFTER the enactment of the 1968 Building Code but PRIOR to the 2008 Building Code, should reference applicable Zoning Use Groups as well as 1968 BC – Occupancy Classifications per floor. In some cases, 1938 BC - Classifications are also referenced (where applicable) for the main use/occupancy of the building.

• CofO’s issued AFTER the enactment of the 2008 Building Code should reference applicable Zoning Use Groups and 2014 BC – Occupancy Classifications. Prior code CofO’s issued after 2008 may also reference applicable 1968 and/or 1938 Occupancy Classifications.

• CofO’s issued after 2008 wherein the building was erected pursuant to the 2008 or 2014 Codes, should reflect Zoning Use Groups and 2014 Construction Classifications. Such buildings are considered “New Code” buildings for the purpose of this eGuide.