NYC Administrative Code

§ 28-118.3.5 — Existing buildings or open lots without certificates of occupancy.

Brooklyn since 2014All five boroughsSame-day response during business hours

What is NYC AC § 28-118.3.5?

Quick Answer

This section allows buildings or open lots in existence prior to January 1, 1938, to continue being used or occupied without a certificate of occupancy, provided their use is consistent with department records and applicable laws. Applies to property owners of older buildings and lots without current certificates.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

Michael Nacmias - Founding PartnerMichael Sargo - Partner
From the team atNacmias Law Firm, PLLCBrooklyn-based attorneys representingproperty owners across all five boroughsMeet the team →

§ 28-118.3.5 Existing buildings or open lots without certificates of occupancy.

AC § 28-118.3.5

A building or open lot in existence prior to January 1, 1938 and heretofore legally used or occupied without a certificate of occupancy or, if applicable, a certificate of completion, and subject to the provisions of section 28-102.4 (continuation of lawful existing use), may continue to be used or occupied without a certificate of occupancy or, if applicable, a certificate of completion, provided such use or occupancy is not inconsistent with the records of the department relating to the lawful use of such building or open lot, and complies with applicable laws and rules, and provided there is no change in the existing use or occupancy classification of the building, open lot or portion thereof. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

Common Questions

Our team

Meet the people you will work with

Free case review

Have a matter that touches § 28-118.3.5?

Free 15-minute case review with the attorney handling your matter. Same-day response during business hours across all five boroughs — OATH hearings, Housing Court, and real estate closings.

Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters