Is the Apartment REALLY a Two Bedroom?
There is a sinking feeling real estate agents get when we look up the history of a co-op or condo apartment we are listing for sale and see that our new client bought it as a 2 bedroom unit and prior transactions have it as a one bedroom. Obviously, two bedroom apartments are higher in value than those with one bedroom. However, using a den or alcove as a bedroom does not make the area a legal bedroom.
Generally speaking, a bedroom has to have its own door, a window, and a closet. That said, even if the owner hires a contractor to add a closet, you simply may end up with an illegal bedroom. All buildings have certificates of occupancy, and they specify the characteristics of the building. The reason for this isn't simply municipal hegemony; the number of bedrooms indicate the probable number of inhabitants for matters like utility usage, parking spaces, and fire safety. If a large building with limited parking has ten or fifteen extra "bedrooms" added over time without management's knowledge, there can be a shortage of parking or quality of life issues the building was not designed to accommodate. That is why there is red tape or prohibition in legalizing a 2nd bedroom.
When owners and real estate agents list a 1 bedroom unit with a den or a junior 4 (one bedroom with a dining area) as a 2 bedroom, that information is out there forever. It remains in Multiple Listing Service archives and real estate websites, and future owners of the unit who thought they bought a two bedroom and can only sell it as a 1 bedroom may be caught in the information undertow. This is a liability that is larger than any gain that the 2 bedroom listing might have yielded.
The pragmatic issue is that the current crop of buyers in this economy are very cautious, and do far more research than in years past. Moreover, a buyer needing a true second bedroom often turns on their heels when they see a 7' by 9' den or converted dining cubby being pawned as that second bedroom after viewing true 2 bedroom units. That does not foster trust.
Last year the Westchester Putnam Association of REALTORS (now the Hudson Gateway Association) began to actively stop member brokers from listing junior 4 and 1 bedroom units with a den as 2 bedrooms, and that did cause a backlash with some sellers who thought they owned two bedroom units. This was an unfortunate thing, but necessary to make sure that the integrity of the data going forward would be reliable.
The takeaway for consumers and agents alike is that a simple check with the management office can save future headaches and expensive mistakes.
For more real estate commentary, log onto Westchester Real Estate Blog, authored by J. Philip Faranda, broker and owner of J. Philip Real Estate.
Michele Devito
2:37 pm on Wednesday, February 22, 2012
I have a listing that was sold as a 2br and now told I have to resell it as 1 br. The 2br has double exposed windows a closet and a door. It is. Not a dining area that a wall was put up to make a second bedroom. It seems unclear what a jr 4 is. How can a 1 br jr 4 apt be in the same category as a 2 br 1 both that has a closet and windows ?
Michele
Heron
4:55 pm on Wednesday, February 22, 2012
I once lived in an apartment that was listed as a Jr. 4. There was a living room, dining area off the living room, a kitchen and two separate bedrooms. I *think* it was called a junior 4 because one bedroom was large, and the second was very small in comparison. It seemed like the apartment was ideal for a couple with a small child in the separate bedroom.
Evan Bray
6:28 pm on Wednesday, February 22, 2012
Informative article, Mr. Faranda. I'm actually a trained architect who's practiced as a building code and zoning consultant for 10 years. You bring up some interesting points. I would like to note that if one is aware of a situation where the certificate of occupancy does not match the advertised or actual occupancy of a structure, they should report it to the building department of their municipality. In Yorktown, it's unlikely that there will be any enforcement of illegally converted structures, but it's the right thing to do. My neighbor illegally converted two single family residences. I've been writing Yorktown officials for nearly 11 months and--to date--they've done nothing but confirm in writing that the houses were converted "without approval or permit." Goes to show the old saying, do what you want and ask forgiveness later is a feasible strategy for converting structures in Yorktown.
Peter Goodson
6:47 pm on Wednesday, February 22, 2012
I know in Peekskill there are hundreds if not thousands of illegal apartments. The mayor and council have prevented enforcement to gain favor with the special interest group who mostly creates and occupies these dwellings and also to keep illegal activity down for statistical purposes. There are specific state laws that prevent certain rooms from being converted to a bedroom but they are ignored. Rooming houses are dramatically on the rise since Foster & co. have come to power. More importantly this is a safety issue for not only the people living in these illegal apartments/rooms but the firefighters who find themselves in a trap when they fight a fire in one of them. Unfortunately it will take a major tragedy before the government is forced to look at people's safety rather than votes and their cling to power.
Evan Bray
7:06 pm on Wednesday, February 22, 2012
Amen, Mr. Goodson. It's cliche, but it's not what you know, it's who you know. There are about 4 or 5 attorneys you have to be friendly with to get things done in Yorktown. Sounds like the same situation in Peekskill.
Liz Claire
11:05 pm on Wednesday, February 22, 2012
The elephant in the room is the sitting Mayor of Peekskill who has an illegal apartment above her garage. She said in a debate years ago that the only illegal apartments in Peekskill were like hers, accommodating errant children. Doesn't anyone pay attention to these facts?
Greg Tart
3:13 pm on Thursday, February 23, 2012
Very well written and informative, Mr. Faranda