Building types in Queens

Mixed-use condos in Queens

Queens mixed-use condominiums frequently carry medical, community facility and retail space over several floors, not just at street level.

What is different about buying in a mixed-use condo in Queens?

Quick Answer

Queens mixed-use condominiums, particularly in Flushing and along Northern Boulevard, frequently carry medical, community facility and retail space across several lower floors rather than only at street level. That scale of non-residential use is the borough’s distinctive warrantability and governance problem.

Which condominiums of this kind are actually in Queens?

  • Downtown Flushing buildings with multiple floors of medical, office and retail condominium units
  • Northern Boulevard and Roosevelt Avenue corridor buildings with commercial lower floors
  • Jackson Heights and Elmhurst buildings with community facility space used by clinics and schools
  • Long Island City buildings with ground-floor retail and amenity space declared separately

What changes about the waiver and the loan file in Queens?

  • Multiple floors of commercial and community facility use push a building past lender commercial-space limits more often here than elsewhere
  • Combined with a high investor share, the commercial component makes non-warrantability the default rather than the exception in parts of this stock
  • Community facility space has its own zoning basis, and a change of use in that space can have planning consequences for the whole building
  • Lenders ask for the commercial square footage figure explicitly, and the answer should come from the declaration rather than an estimate

Which taxes and recording steps apply in Queens?

  • Mortgage recording tax applies to the recorded mortgage, and the deed and mortgage record with the City Register through ACRIS
  • Commercial and residential units are assessed and taxed separately, so the residential owner does not carry the clinic’s taxes
  • New York State transfer tax and the New York City real property transfer tax apply, shifted to the purchaser in a sponsor sale
  • The co-op and condo property tax abatement applies only to a primary-residence owner, which excludes the investor share of this stock

What pattern does a purchaser meet in Queens?

  • Ask for the commercial square footage and the number of commercial units, because in Flushing both numbers are larger than a purchaser expects
  • Medical and clinic uses generate daytime traffic, lift use and refuse patterns that differ from retail
  • Separate entrances, lifts and lobbies for the commercial floors should be defined in the declaration, and where they are not the sharing is a dispute
  • Community facility space carries zoning consequences, so a proposed change of use in it is worth watching

What is community facility space in a Queens condo?

A zoning category covering uses such as clinics, schools, houses of worship and community centers, permitted at a different density than commercial use. Buildings in Queens frequently include it as separate condominium units. It generates its own traffic and access patterns, and a change of use in it can have zoning consequences for the building.

Why are Queens mixed-use buildings hard to finance?

Two limits stack. Lenders cap the share of a building that may be non-residential, and they cap the share that may be renter occupied. Flushing and Northern Boulevard buildings frequently exceed both, so the building is declined regardless of the borrower and a purchaser needs portfolio financing or cash.

What else should you read before closing on one of these?

In the glossary

This building type, borough by borough

Have a closing coming up?

Tell us about the transaction. An attorney reads every intake form and responds the same business day.

Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.