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Old 11-24-2010, 09:50 AM
 
Location: Queens
13 posts, read 27,574 times
Reputation: 10
Default Certificate of Occupancy Question

Hoping to get some information here... I own a dance studio in NY. Ground floor, 1200 square feet; newly constructed. We rent. Having major problems with tenant above who is not paying rent and blaming that on us complaining about the loud music. Not true, but that's a whole other story. In any event, her constanting calling 311 and 911 invited a whole sweep of DEP, Fire Dept, Alcohol guys, PD and Dept of building descending upon us. We don't sell or have alcohol on premises so those guys left, fire dept., everything was fine, so they left. When we told the DEP what our contractors did to the ceiling, he said impossible, but whatever...I have a letter from our contractor. But the PD issued a summons for no certificate of occupancy. Do I need that for renting a space? Thought that was the building owner's responsibility.

Tenant's constant complaining resulted in a complaint lodged against the building saying "place of assembly permit needed with 200 people". Landlord says we need to clear that up. The only thing is we wish we had that many people in our studio....We're struggling...

Any insight where to begin to clear this up? Thanks in advance...
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Old 11-24-2010, 11:00 AM
 
517 posts, read 1,432,436 times
Reputation: 125
The C/O should be the owners responsibility. There has to be one in place for them to legally rent it to anyone.

The assembly permit rules I saw were:
Any space or room where 75 or more members of the public gather indoors or 200 people or more gather outdoors for any religious, recreational, educational, social or political purposes, or to consume food or beverages requires a Place of Assembly permit. For example: restaurants or conference rooms with more than 75 seats.
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Old 11-24-2010, 11:13 AM
 
Location: Queens
13 posts, read 27,574 times
Reputation: 10
That's what I thought; however, since Tenant has decided to make life miserable for us, made an allegation that we have 200 people on a given nite. How I wish! Now we are made to defend that allegation and spend $$$ to clear up that complaint. Was advised by the Landlord that Tenant was served with a 30 day notice to evict, so I expect more of the worse. Tenant calls the cops every night, and they must respond to a call, and find either no music playing because we are teaching a class, or the music so low its laughable. But we feel powerless and harrassed by this tenant...
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Old 11-24-2010, 03:39 PM
 
15 posts, read 38,080 times
Reputation: 15
You need the CO to operate your business not your landlord. Your landlord might be responsible to get one for you, check your lease. Since it is new construction it should have a CO, unless they didn't file the job with DOB. You need PA permit if you have more than 75 people. The number of people is the result of area divided by a factor (I don't know the factor for dance studio, you have look it up in building code).
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Old 11-24-2010, 04:39 PM
 
Location: Queens
13 posts, read 27,574 times
Reputation: 10
Thank you so much!
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Old 08-07-2012, 08:46 AM
 
2 posts, read 4,335 times
Reputation: 10
Default C of O problem with Place of Assembly

We did a renovation of a pre-1938 church that has an office addition that increased total square footage by over 50%. Although our renovation has nothing to do with the addition, we are assisting the owner in obtaining a permanent C of O for the addition (TCO expired years ago.) DOB is requiring that we file a Place of Assembly application for the church because the occupancy exceeds 75 persons before they will issue a CO for the entire building (church and addition combined) and issue final sign off on our renovation. The church has never had a Place of Assembly permit in the entire time of its existence. Can they do this? Is there any way to get around this? Our work on the church did not change the occupancy at all.
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Old 08-07-2012, 08:50 AM
 
2 posts, read 4,335 times
Reputation: 10
Default C of O/Place of Assembly problem

We also are having a similar problem and are looking for feedback. I'm posting this as a reply because I couldn't figure out how to make a new post (first time user).

We did a renovation of a pre-1938 church that has an office addition that increased total square footage by over 50%. Although our renovation has nothing to do with the addition, we are assisting the owner in obtaining a permanent C of O for the addition (TCO expired years ago.) DOB is requiring that we file a Place of Assembly application for the church because the occupancy exceeds 75 persons before they will issue a CO for the entire building (church and addition combined) and issue final sign off on our renovation. The church has never had a Place of Assembly permit in the entire time of its existence. Can they do this? Is there any way to get around this? Our work on the church did not change the occupancy at all.
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