The New York City Charter was amended by LL 77 of 1968 in order to eliminate the need to obtain or amend the building's Certificate of Occupancy if the alteration only involves combining apartments in order to create a bigger residential unit resulting in a lesser number of legal dwelling units in the building and without an increase in the building’s bulk. The NYC charter allows this combination for old law and new law tenements as well as to all multiple dwelling buildings including converted dwellings and new code multiple dwellings, in accordance with Technical Policy and Procedures Notice #3 of 1997.
Some things to consider:
- If the units are condominiums, then the applicant must secure a new tentative tax lot number from the Department of Finance for the new unit before filing (application for mergers or apportionments, RP 602, Department of Finance);
- Plan exams by the DOB and sign-offs and completions by a PE or an RA are limited to the unit(s) being altered. Upon sign-off of the completed project, the concerned borough office shall issue a letter of completion and the letter of completion shall clearly state the following at the end: "The Department of Buildings does not require a new or amended certificate of occupancy for combining these apartments";
- An old-law tenement or class A multiple dwelling buildings are not required to obtain a Certificate of Occupancy when two or more apartments are combined to create larger dwelling units and the number of families are decreased and the bulk of the building is not increased (Art 8, sec. 301)., provided that all applicable provisions are met and complied with;
- Any old or new law tenement building that has not been issued a Certificate of Occupancy shall not be subject to the requisites of re-occupancy of vacant multiple buildings in cases of combining apartments to create larger residential units and the total legal number of families residing in the building is decreased and the bulk of the building is not increased (27-2089 (b)(3));
- For apartment combinations, an Alteration Type II application may be filed subject to the following restrictions;
- The apartments shall either be on the same floor or adjacent floors by interior access stairs connecting not more than 2 stories and must result in either an equal or lower number of zoning rooms. New layouts may maintain existing legal non-complying conditions;
- Requirements for natural light and air must be met by each new room and shall not be diminished for existing non-compliant rooms;
- No alterations allowed for the egress from any floor of the building (stairs, corridors, passageways, lobby, fire escape, etc.);
- Unless the approved plans indicate alternative use of the plumbing connections, the second kitchen shall be removed and plumbing connections capped. Alternative use may include washer, dryer, bar sink, new bathroom, and the likes (HMC 27-2004 (a)(14).
This is just a general overview of the requirements for this type of project. There may be additional requirements, applicable Zoning Resolution, Construction Code, Multiple Dwelling Law or Energy Code requirements that may need to be complied with in order to fully satisfy the project’s requisites, it is best to consult with professionals to ensure compliance and fast approval of your application.