
Bruce Feffer
Partner
212-784-6904 bfeffer@sh-law.comFirm Insights
Author: Bruce Feffer
Date: February 9, 2022

Partner
212-784-6904 bfeffer@sh-law.com
When purchasing New York City real estate in a newly developed or recently renovated building, buyers should understand the role of a certificate of occupancy. Most importantly, buyers should be aware that a missing or delayed certificate of occupancy may impact your real estate transaction.
A certificate of occupancy (CO) states the legal use and/or type of permitted occupancy for a building. All new buildings must have a CO, and existing buildings must have a current or amended CO when construction will change their use, egress or type of occupancy. Additionally, a building may not be legally occupied until the local building department issues a certificate of occupancy or temporary certificate of occupancy (TCO). In New York City, the New York City Building Department (DOB) is the issuing entity.
The DOB issues a final CO when the completed work matches the submitted plans for new buildings or major alterations. The document confirms that the work complies with all applicable laws, all paperwork has been completed, all fees owed to the DOB have been paid, all relevant violations have been resolved, and all necessary approvals have been received from other City agencies.
If the DOB determines that a property is safe to occupy, but there are outstanding issues requiring final approval, it may issue a TCO. As the name suggests, TCOs are only valid for a short period of time, generally 90 or 180 days. However, they can be renewed in certain circumstances. For various reasons, some properties keep their TCO’s for much longer.
If a building “complies with all applicable laws, all paperwork has been completed, all fees owed to the Department have been paid, all relevant violations have been resolved, and all necessary approvals have been received from other City Agencies,” the DOB will issue a CO.
The requirements include, but are not limited to the following:
Given that substantive renovations and alterations require DOB approval, it is always wise to check the DOB website to see if work permits have been issued and closed and verify that there is a valid CO for the property. Most NYC certificates of occupancy can be easily located online via the DOB’s website.
Buildings built before 1938 aren’t required to have a CO – unless later alterations changed its use, egress or occupancy. If the property is exempt from the CO requirement, property owners can contact the DOB’s borough office where the property is located to request a Letter of No Objection (LNO), which will confirm the legal use of the building.
New buildings often face delays in obtaining a TCO or CO, which may impact the closing date or create other challenges in the buying process. Most notably, buyers can’t close on a purchase in a new development until DOB issues a TCO. Lenders will also usually ask to see a building’s CO or TCO prior to issuing a loan. Similarly, delays in obtaining a TCO can cause issues when obtaining title insurance.
The good news is that buyers can address these issues in their contract with the developer/seller and lower their legal risk should any issues arise due to the lack of or any delays in getting a TCO or CO. For instance, the purchase agreement may include a CO contingency, as well as state that providing or obtaining a CO or TCO is what triggers setting a closing date.
While a final CO may not be required to close a transaction, it is also important to understand that buying a property subject to a TCO does carry risks. If the developer fails to obtain the final CO or extend the TCO before it expires, occupying the building becomes a violation of the New York City Administrative Code (NYCAC) and any occupants may be subject to a vacate order. Accordingly, if you purchase a property with a TCO, it is imperative that the developer or sponsor confirm in writing that it will take all necessary steps to obtain a final CO.
While they may seem like a mere formality, certificates of occupancy play an important role in real estate transactions involving new or renovated buildings. Given the frequency of project delays, it is imperative to work with experienced counsel who can help protect your legal interests.
If you have any questions or if you would like to discuss the matter further, please contact me, Bruce Feffer, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]
Author: Scarinci Hollenbeck, LLC
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!