Can I still rent as two units if utilities aren't split?

[Christopher Prince-Barry]

I'm buying my first multifamily. It's in Orange NJ. It's a legal 3 family on tax records, but utilities aren't split between 2nd and 3rd floors. That includes, heat, hot water and electricity. Am I still able to rent them separately?

2nd floor is a 2/1 i'm converting to 3/1 and 3rd floor is a 1/1.

Bonus question: Would section8 count them as two units or one?