What is DOB Letter of No Objection
If you’re dealing with real estate transactions in New York City—whether buying, selling, or leasing a property—you need to ensure that the property’s legal use is well-documented. One crucial document in this process is the Certificate of Occupancy (C of O), issued by the New York City Department of Buildings (DOB). However, not all buildings in NYC have a Certificate of Occupancy, especially those built before 1938, when the DOB first started issuing them. In such cases, property owners and real estate professionals may need a Letter of No Objection (LNO) to verify a building’s legal use.
In this guide, we’ll explore the NYC DOB’s LNO, the role of the Housing Preservation and Development (HPD) I-Card, and how to navigate zoning challenges when dealing with properties that lack a Certificate of Occupancy, or even despite having a C of O, its not clear and you need to get a NYC DOB’s Letter of Verification.
As I mentioned before in the other post related to NYC Zoning, NYC has three major zoning classifications: Residential, Commercial, and Manufacturing. The situation becomes more complex when a property is located in a zoning district with overlays that allow two different uses in the buildings, like where both residential and commercial units exist in the same building. In such cases, for any transaction, you will need documentation that verifies the property’s legal uses for both uses.
Another common scenario is grandfathered uses, such as a commercial unit in a strictly residential zoning district. Understanding whether a use is grandfathered or not requires consultation with a zoning expert.
Imagine you are walking down a residential block and notice several commercial stores. This could mean that commercial use is not typically permitted in that zoning, but one reason you might still see these businesses is due to grandfathered use. This means the store existed before NYC DOB established comprehensive zoning regulations and is allowed to continue operating under its original use.
However, if the owner wants to undergo major renovations, expand, or change the building’s Certificate of Occupancy, they must comply with the latest zoning regulations, which may prohibit commercial use.
What is the HPD I Card?
Now, let’s discuss legal solutions for this kind of property and find out how you can verify the legal use of a building.
If you try to check a multi-family building’s background, the first thing you need to do in order to confirm its legal use is to check the Housing Preservation and Development (HPD) website for the I-Card. But keep in mind, there isn’t any guarantee that every multifamily building located in NYC has it.
HPD is responsible for supervising multifamily buildings and monitoring their compliance and functions. Before 1938, when the NYC DOB began issuing Certificates of Occupancy, HPD issued I-Cards for multifamily buildings. These documents contain information about the number of units, unit sizes, locations, and even the presence of offices and stores within the building.
However, I-Cards apply only to multifamily buildings. If you have a one- or two-family home or a commercial building, an I-Card will not be applicable.
A common issue with I-Cards is that they may contain records from multiple building inspections, sometimes showing different unit counts or office spaces. For example, in one of our projects, the first HPD inspection in 1915 recorded 19 dwelling units and two doctors’ offices. (A doctor’s office can be classified as a Community Facility, which is permitted in residential areas.) However, the second HPD inspection conducted in 1917 did not mention anything about the doctor’s offices, which it is raising concerns about whether they were converted into residential units or the inspector missed them.
This ambiguity makes it difficult to determine the exact legal use of the whole building, especially if you are working on the doctor’s offices, because community facility has different requirements like Floor Area Ratio (FAR).
What is a Letter of No Objection (LNO)?
In the above-mentioned buildings that don’t have the C of O, you may need to request an official document from the NYC Department of Buildings called a Letter of No Objection (LNO). This letter verifies the legal use of a building, confirming that the DOB has no objections to these uses, and you can continue to use it as it is.
A Letter of No Objection can be requested for any building that does not have a Certificate of Occupancy. It is also useful as supporting documentation for real estate transactions.
What is an NYC DOB Letter of Verification (LOV)?
A Letter of Verification (LOV) is another official document issued by the NYC Department of Buildings. Unlike an LNO, an LOV applies to buildings that already have a Certificate of Occupancy but require clarification on certain uses or instructions. If the details on the Certificate of Occupancy are unclear, you may need to apply for a Letter of Verification to get the DOB’s opinion on the zoning use and the current legal use group category.
Conclusion
The reason I decided to write this blog post is that I frequently receive questions from clients, homeowners, real estate professionals, and attorneys about Certificates of Occupancy, Letters of No Objection, and other ways to verify a property’s legal use.
However, in practice, these issues can be complex and require a case-by-case approach. You must prepare a comprehensive document package, DOB records, pay applicable filing fees, and submit your request to the NYC DOB. The more supporting records you provide, the greater your chances of obtaining the desired outcome.
I strongly recommend consulting an architect or zoning expert to guide you through the process and to get an accurate answer.
Thank you for reading this blog post about the DOB Letter of No Objection. We hope this information has given you a clearer understanding of the topic and the DOB procedure.
