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Text of DOB Technical Policy and Procedure Notice #3/97
The following is the text of DOB Technical Policy and Procedure Notice
#3/97, which was made available to CNYC members at the 1998 Annual Meeting.
[Return to CNYC 1998
Annual Meeting]
DEPARTMENT OF BUILDINGS
EXECUTIVE OFFICES
60 HUDSON STREET, NEW YORK. N.Y. 10013-3394
GASTON SILVA, R.A.
Commissioner
(212) 312-8000
TTY (212) 312-8188
SATISH K. BABBAR, R.A.
Assistant Commissioner
Technical Affairs
(212) 312-8324
ISSUANCE #527
TECHNICAL POLICY AND PROCEDURE NOTICE #3/97
TO: Distribution
FROM: Satish K. Babbar
DATE: November 3, 1997
SUBJECT: Combining Apartments to Create Larger Residential Units
Without Affecting the Certificate of Occupancy
Effective: Immediately
Supersedes: Departmental Memorandum regarding Combining Apartments to
Create Larger Residential Units, dated February 24, 1969.
Purpose: The New York City Charter was amended by Local Law 77 of 1968
to eliminate the necessity of obtaining a Certificate of Occupancy where
the alteration only consists of combining apartments to create larger
residential units, resulting in the reduction of the total number of legal
dwelling units in the building, and the bulk of the building is not being
increased. The NYC Charter permitted the apartment combination for old
law and new law tenements.
In order to simplify combining of apartments, this provision is now extended
for all multiple dwelling buildings, including both old and new law tenements,
converted dwellings and new code multiple dwellings.
Specifics: An Alteration Type II application may be filed for such combining
of apartments with the following restrictions:
1. The combining of apartments shaft be permitted either on the same
floor or adjacent floors by interior access stairs connecting not more
than two stories, and must result in equal or lower number of zoning
rooms. New layouts may maintain existing legal non-complying conditions.
2. Natural light and air requirements shall be in compliance for each
new habitable room and shall not be diminished for existing non-compliant
rooms.
3. Egress from any floor of the building (stairs, corridors, passageways,
lobby, fire escape, etc.) shall not be altered under this application.
4. The second kitchen shall be eliminated and plumbing connections
shall be capped, unless the approved application plans indicate an alternative
use for the connections, such as for washer, dryer, bar sink, new bathroom,
etc.
5. If the units are condominiums, a new tentative tax lot number must
be obtained from the Department of Finance for the newly created unit
prior to filing.
Plan examination by the Department and completion sign-off by a Professional
Engineer or Registered Architect shall be limited to the apartments being
altered.
Upon sign-off of the completed work, the Borough Office shall issue a
letter of completion. The letter of completion issued shall clearly state
-at the end, "The Department of Buildings does not require a new
or amended certificate of occupancy for combining these apartments."
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