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Business in Residential Building

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Business in Residential Building

Postby ivorytgrlilly » Tue Jan 06, 2009 6:13 pm

My landlord just leased the bottom floor apartment to a woman to live AND run a hair salon. He has his construction office in the basement.
Is this legal?

Had I known that we'd be living above a hair salon, we wouldn't have moved into the building. (There are 3 apartments total.)

Please advise. Thank you!
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Postby alcatraz » Tue Jan 06, 2009 6:33 pm

Look up your building on the Department of Buildings website: http://nyc.gov/html/dob/html/home/home.shtml

In the right column of the DOB home page, you can enter your building's address. When you click "submit" you'll see your building's profile. At the top right, click on "View Certificates of Occupancy."

There may be more than one Certificate of Occupancy (CO); you need to find the most recent one. If the CO says the ground floor is an apartment, it can only be used as an apartment. If it says it's a store, it can only be used as a store. It's unlikely the same space can be used for both, but it's possible -- the CO will tell you. And while you're at it, you should also check the legal use of the basement. Your landlord's construction office may not be legal there.

If the current occupancy (apartment/store) doesn't agree with what's on the CO, check the "Jobs/Filings" link on the profile page to see if the landlord has filed to amend the CO.

If there's no CO, you'll have to do more research to find out what the historical use of the space has been. A lot of old buildings don't have COs.

Please let us know what you find out.
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Postby TenantNet » Tue Jan 06, 2009 6:35 pm

It depends on the zoning. If a residential zoning, then it's illegal unless there was a non-conforming business on the premises at any time in the last two years ... which would allow grandfathering.

But if this is the case, and if a business was permitted, then they couldn't live there at the same time. Many areas of town allow first-floor business in otherwise residential zoning ... usually through commercial overlay. Any Avenue in Manhattan demonstrates this.

A hair salon is not the same thing as a home-based business that does not impact on the overall operation of the building or adversely impact other tenants. When they put up signs, have employees come, allow customers to come, then it's no longer a home-based business.
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Illegal (?) Business in Residential Building

Postby Sharon » Thu Feb 26, 2009 6:34 pm

I am responding to the post regarding a hair salon business that a tenet was questioning the legality of. I would like to know what the person found out. I am a tenet in the position of HAVING a business on the 2nd/parlor floor of a 4 story Park Slope brownstone bldg. I also live downstairs in the garden apt. I have two leases. The garden apt. was a duplex at some point, connecting with the parlor floor where my business is. I could convert it back - which would involve a minor removal of a piece of plasterboard nailed over the old doorway at the top of the garden apt's. stair landing. I can get to the parlor floor from my apt. downstairs by going up the stairs in the apt. and going out a door at the top of the stairs leading into the public hall. A few feet away is the door to the office.

I have received a notice from DOB saying "Illegal business ... C of O Multiple Dwelling...." but I am not sure if it actually is illigeal... Yes, the C of O is "Multiple Dwelling" but there are quite a number of business on my block just like mine. This block has been unofficially designated "Doctor's Row" since there are quite a few therapy, medical type offices.
This all started because of a neighbor war; this guy has complained to every city agency it seems MANY times with MANY inspections over the course of a year - but no violations. He eventually got annoyed, I guess, that his harassments weren't effective, so he started with the bldg. dept ... I previously had a number of visits from the DOB - all re: "Illegal Business/Zoning" issues, but inspectors wrote "No illegal business." But this neighbor kept at it, and eventually the last inspector gave a violation.
Note that I have no employees, and certainly don't impact on the operation of the building as I have only 3 to (occasionally) 10 people per week coming in and out - fewer that all the other tenets. I do have a lawn sign that is consistent with the others on the block, and it is compliant with the sign laws so far as I can tell (12" or less, non-illuminated, etc.) Also, I have had the business for 5 years. Any grandfathering anything apply here? Any help, info would be appreciated. Please, I have a March 3rd "Cure" date and a March 23rd hearing date. Last, the landlord could care less if the business stays open. Worst case from his point of view is that he would have me close my only income source, pay a $200 or so fine and have me move out .... It is on me to figure this out.
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Postby TenantNet » Thu Feb 26, 2009 6:48 pm

You asked this same question in another thread. This is a tenants' rights site (not tenet). It is not harassment for a tenant to complain about possible zoning infractions. It's a tenant's right to do so.

What you describe as low impact to the building might have a substantial impact on others. You have clients coming in and you have a sign outside. That's very different from many people who work at home using just a computer and telephone.

You raise a question of grandfathering; that's something that might be an issue. Your best bet is to contact a zoning expert who can advise you how DOB deals with such issues.
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Postby lofter1 » Thu Feb 26, 2009 6:53 pm

You could also try contacting the Chairman of the Zoning Committee for the Community Board which covers your area.
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Hair Salon

Postby Emeraldstar » Thu Feb 26, 2009 9:29 pm

Hi All
To the best of my knowledge hair salons are licensed by NYS as well as employees of them. A google search might yield info on the requirements. I can't imagine it's permissiable to live in the salon area? While I'm not absolutly certain, I recall someone telling me there was some inspection agency that covers salons. NYS or NYC I'm not sure.
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