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July 26, 2007
SRO Question
My wife and I are considering buying a brownstone that is as a Certificate of Occupancy as an SRO on the upper floors and a Class A apartment on the ground floor. We plan to use the upper floors as our primary residence and rent the ground floor apartment. I realize that it may take 6 months to a year to obtain the certificate of non-harrassment but we would like to begin renting the garden and live on the upper floors while we are processing the application. Does anyone have any experience with this type of situation? Someone told me that we would be occupying the upper floors in violation of the CofO but this doesn't really make sense to me as we would only be living in the building as any other tenant would and are not planning to undertake any work to the upper floors until the certificate is in place. Any thoughts?
Comments
I don't see any problem but it would be wise to talk to a real estate lawyer
Posted by: Rick at July 27, 2007 6:47 AM
Chances are that the lower apartment is rent regulated -- you'll want to be _very_ careful here.
Posted by: Anonymous at July 27, 2007 8:08 AM
You are so foolishly optimistic. Did a bad lawyer tell you it would take six months, more like two years. If there are tenants in the building, you will never get them out, unless you pay them.
Posted by: Anonymous at July 27, 2007 12:01 PM
You are so foolishly optimistic. Did a bad lawyer tell you it would take six months, more like two years. If there are tenants in the building, you will never get them out, unless you pay them.
Posted by: Anonymous at July 27, 2007 12:01 PM
It depends on the exact wording of the certificate of occupancy. You cannot create more living units in violation of the C. of O., but you can reside in the area designated for SRO living.
I am a lawyer, and I represent tenants in Housing Court. If you currently have SRO tenants residing in your building it can be a long process. It will take longer then six months. But, it all depends on a number of factors. Are there any outstanding violations in effect for the building, what are the ages, and/or disability, of any tenant living in the building, do you own the building personally, or is owned by a Corp. or LLC?
Make sure you hire an attorney that is smart. You don't want an agressive shark, they tend to make things worse because of their ego.
That is my opinion.
Posted by: none at July 27, 2007 12:36 PM
OP here.
Thanks for the comments. Here is some additional information to clarify the situation.
The building will be delivered vacant and the seller will be providing us with the names (and hopefully addresses) of the few tenants that have been in the house in the last three years. While there are some violations (boiler, sprinkler tests, etc.) the seller has promised to clear these prior to closing.
Posted by: Anonymous at July 27, 2007 1:43 PM
Then you will be fine. Just make sure, and I am sure you will, that on the date of the closing everything is done as agreed. Don't close on the property with promises from the seller's attorney that "it will be taken care of".
With a vacant building, it can be done in six months. The only real delay will be from the HPD workers.
In regard to the C. of O., its not a problem if the bdlg. is already vacant because there is no one living in the subject bdlg. to make a formal complaint.
Posted by: none at July 27, 2007 1:59 PM
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