Local Law 77 of 1968 eliminated the need to amend or obtain a Certificate of Occupancy when the alteration project only involves combining apartments in order to create a bigger unit which in turns reduces the number of legal units in the building and doesn’t increase the bulk of the building. The NYC Charter actually allowed these apartment combinations for old and new law tenements and the provision extended the permission to all multiple dwellings buildings such as the aforementioned old and new law tenements as well as converted apartments and new code multiple dwellings with accords to the technical policies and procedure notice #3 of 1997.

Multiple Dwelling Law
Article 8 Section 301 provides that old-law tenements (class A multiple dwelling) will not be required to obtain a new C of O when 2 or more apartments are combined decreasing the number of families but the building’s bulk is not changed provided that the building or project complies with all applicable provisions required.

Building Code
For projects to combine apartments, alt-2 applications may be filed with the following restrictions, the apartments being combined are on the same floor or on adjacent floors with interior access stairs and it should only connect two stories high and results in either a decrease in the number of zoning rooms or there is no change to the number. The new layouts for the enlarged spaced may retain existing legal non-complying states but natural light and air requirements should be in compliance for each new living spaces and will not be reduced for existing non-compliant spaces. Egress for the building should not be changed under this application. Second kitchen elimination should result in proper plumbing closures, unless the application filed and approve provides an alternative use for these connections.