Brooklyn, NY - Converting 2 Family to 3 Family

[Donnell Suares]

Hello,

I am considering purchasing a 2 family brownstone in Bed-Stuy.  It was built on or about 1899.  It does not have a Certificate of Occupancy.  The owner has configured it as a 3 unit building.  I would like to legalize it and was wondering if anyone would be able to give me a rough estimate of the cost to convert the property to a 3 family.

It does not have a sprinkler system.  Do you know if I would have to add a sprinkler system to the whole property or just the hallways.  I have been told two different things.  I was told that since it is a pre-1943 property, sprinklers would just have to be added to the hallways.

Has anyone been through this process?  What was the time frame for completion?  Thank you for your help.

Donnell Suares

[Frank Chin]

If I were you, I spend a few dollars on an "expeditor" or "architect" to review and give you recommendations. I used expeditors for specific projects in NYC, but in Long Island, I hired an architect who's also an expeditor, where I bough a SFH, the previous owner done unpermitted work. It costs me $150.00 to do the initial review. Further work, including zoning board meetings, presentations for zoning board would be extra.

There are three issues which jumps out in your case.

1. What is the zoning for your district. If it's zoned R2, for 1 & 2, then a variance is hard to get for a three.

2. A property built in 1890 may be grandfathered. My dad had a mixed use property built in 1890, and was told if he made major changes, the grandfathering may be lost. A DIY way of starting your investigation is visit the building department and see if they have any records for the property on file. I've done that for my projects, and depending on whether the file is computerized, they may not find the file in one visit. I was researching a house I owned built in 1939 and it took me three visits before they found the file. I need to see the original blueprints, and the approvals given after construction. The questions was whether my fire escapes are up to code, and since the Fire Department approval was given in 1940, on a small slip of paper, it's grandfathered even though it doesn't meet current codes. The 3 trips saved me the $2,000 it would otherwise cost me to bring things up to code.

3. I have a 2 family that the prior owner converted to a 3 family, I tried to get it legalized, but I can't. Turns out 3 families has to meet codes that the house built as a 2 family doesn't meet. The difference is a 3 family requires fire escapes and a concrete enclosed furnace room. It further needs a zoning variance which I know I cannot get because the local home owner's association opposed an approval beyond 2 families. I met the association head and he's very stubborn about it.

Because of the complexity of your case, it may help to get a professional to give you guidance as to the correct approach. In the worst case, if everything done is unpermitted, they may demand you rip every thing out and start over. In my case, they said I have an unpermitted apartment in the basement which I used for an office, and demanded it be torn down, then file plans from scratch and build my office. My expeditor filed an appeal, the original order was overturned. If I had to rip everything out, and rebuild, it would cost me over $30,000. But filing plans mirroring what I have, with slight modifications cost me $6,000, which incudes my expeditor fee, something around $2,500 including the architectural plans I had to submit. No zoning board meetings, as it's all handled in the building's department.

Oh, if you file plans on previously unpermitted work, which I did, there's fines involved. But my expeditor filed it in such a way it didn't trigger fines, so his fees are certainly worth it.

[Donnell Suares]

Thanks for the information Frank.

[Mary june Martillo]

@Donnell Suares i am just wondering if you can share your experience in converting your property. I have a 2 family in Queens and planning to convert to 3 family as well