Illegal Home Use - Buildings

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Illegally Altered Property

Illegally altered buildings and apartments violate the City's Construction Codes and in the event of a fire or other emergency can pose serious risks to tenants, neighbors and first responders. Unauthorized work is subject to violations and Stop Work Orders from the Department.

Violating the City's Construction Codes and Zoning Resolution puts people at risk and undermines our quality of life. The Department enforces the City's Administrative Code and Zoning Resolution to protect our quality of life and prevent dangerous conditions.

Illegal Residences & Violations

An illegal conversion is any new living space built in an existing building without prior Department approval. Examples include bedrooms in a cellar or unauthorized rooming units called Single Room Occupancies (SROs). Unapproved construction can create danger, i.e., adding a wall may keep people from escaping a fire and improper plumbing can lead to a gas explosion.

Department inspectors may issue Office of Administrative Trials and Hearings (OATH) violations, which carry mandatory penalties. Property owners who do not attend their OATH hearing also face default penalties as high as $25,000 for each violation.

Correcting Illegal Conversion Violations

Determine if the illegal construction can be legalized or must be removed. If you must re-construct, have all residents move.

Have a registered designd professional (PE or RA) file plans and receive Department approval; approval and/or permits from the Landmarks Preservation Commission.

Pay the filing fees; have all necessary permits.

Have licensed contractors perform the work following the approved plans.

Obtain final Department sign-off.

Legalize the housing by securing a new Certificate of Occupancy.

Submit a Certificate of Correction with proof the violations were corrected to the Administrative Enforcement Unit.

Illegal Property Use

The Department's Padlock Unit stops illegal manufacturing and commercial uses in residential neighborhoods and certain commercial districts. The property owner and business occupants may show their use is legal or move the business to a legal location. Otherwise, the unit will take action at OATH. If the judge rules for DOB, the Department will issue an Order of Closure, post Closure Notices and padlock the premises. It is illegal to remove a posted Order of Closure.

Accessing a Padlocked Property

Anyone illegally entering a padlocked property can face criminal charges. The Department grants access to owners, occupants, or others to correct the conditions. To request access, submit a completed and notarized Request for Access to Premises (PE7) form to the Padlock Unit.

Lifting an Order of Closure

To have an Order of Closure rescinded, remove the illegal business. The owner, mortgagee or person having an interest must download the Rescission of Order of Closure (PE5A) form and submit the completed and notarized form to the Padlock Unit. The Department will lift the Order once the property passes inspection.

Legally Operating a Home Business

Operating a business from home may be legal. Generally, your home occupation (defined by Zoning Resolution §12-10) cannot occupy more than 25% of the residence – up to 500 square feet – and no employees may work on-site. In limited areas, joint living-work arrangements – sometimes called live/work – are legal. Read the Zoning Resolution, available at the Department of City Planning's website for more information.