The conversion of Single Room Occupancies (SROs) into Class A dwellings has been on the rise in recent years in New York City. This article will better inform the reader of these two dwelling types and their conversion.
The main difference between the two dwelling types:
- An SRO, according to the multiple dwelling law, is, “the occupancy by one or two persons of a single room, or of two or more rooms which are joined together, separated from all other rooms within an apartment in a multiple dwelling, so that their occupants reside separately and independently of the other occupants of the same apartment.1
- A Class A dwelling, according to the multiple dwelling law, is “a multiple dwelling that is occupied for permanent residence purposes.”2
The conversion of an SRO to Class A apartment is a transition from a shared space by multiple people who reside independently of each other in rooms to a dwelling occupied by a single person or family.
To convert an SRO to a Class A dwelling, the owner will need a Certificate of No Harassment. This certificate is in place in order to ensure that, “the owner or its predecessors did not further [propose] alteration or demolition projects by harassing lawful occupants into leaving or otherwise depriving lawful occupants of their rights during the statutory review period.”3
A permanent resident is one who has occupied the space for at least 30 days.
To obtain this certificate, the New York City Department of Housing Preservation and Development (HPD) will need to investigate. This gives the occupants of the building a chance to comment on whether any harassment has occurred. If the HPD denies the owner the certificate, they will need to wait three years to request this again.
After the certificate is granted, the owner can recover the SRO units for their private or family use and establishes that he/she or a member of their immediate family intends to live in the dwelling for at least three years.
Aside from the above exceptions, if the SRO is rent stabilized, as long as the tenant uses the premises as his/her primary residence, refrains from subletting, and pays rent on time, the tenant cannot be evicted and cannot be refused a lease renewal.
If the converted Class A dwelling is compliant with the building code (egress, sprinklers, light and air, and other requirements) then the conversion is successful.
If you are considering converting SRO rooms into Class A apartments in your building and would like consultation, please contact us at 212 938 8000.
1 N.A., “New York State Multiple Dwelling Law.” NYC Buildings, N.D., www.nyc.gov
2 N.A., “New York State Multiple Dwelling Law.” NYC Buildings, N.D., www.nyc.gov
3 N.A., “Certification of No Harassment.” NYC Housing Preservation and Development, N.D., www.nyc.gov