Co-op max occupancy HELP!
Started by SMcoop
almost 7 years ago
Posts: 0
Member since: Feb 2019
Discussion about
My husband and I are in contract on a Junior 4 co-op. As stated in the co-op application, the maximum occupancy for a Junior 4 is 2 Adults and 1 child. We currently have no children, but are planning to convert the separate dining room into a 2nd bedroom once we do. This was a key selling point of the co-op unit. My question is, what if we end up having 2 children, 1-2 years apart, and are then exceeding the max occupancy. Can we be evicted by the board/management? Are there any rights that protect us? The apartment is 1000sq feet so I think that is definitely enough space for 4 people. Should we re-consider buying into this co-op?
Realistically, nothing will happen. This type of rules are typically just to prevent too many adults in the same space and are not legally enforcable once you are in.
Just make sure that coop will allow conversion of the dining area to a separate room and your architect thinks it is possible from a code point of view - this room will need a window, min square footage, width, and its own heating/cooling unless you just call it wine cellar or storage in city filing.
Would recommend checking the house rules (https://www.hauseit.com/co-op-rules-and-regulation-in-nyc/) and seeing what fines/penalties there are for this kind of non compliance.
By the way, for those of you who don't know what the heck we're talking about, here's what a jr 4 apt is:
https://www.hauseit.com/junior-4-apartment-nyc/
Isn't this kind of limitation in violation of Fair Housing?
I have never heard of an occupancy requirement regarding number of children in co-op proprietary leases (usually there's language prohibiting more than one married couple living in a unit for the reason 300 mentioned above).
You should really run this by your attorney. If there is wonky language in this particular co-op's proprietary lease, you are correct to want to seek clarification. You should certainly find out whether the co-op would allow you to convert the dining room once the need arises-- do not assume they will. Even if it's fully up to city code, the co-op may say no.
And also be aware that if the co-op wanted to enforce a requirement that is clearly stated in the proprietary lease, they could do it. That would surely be an unusual case but don't believe it couldn't happen, even after you are already in the unit. Boards can be weird. If they have odd bylaws they may indeed intend to enforce them.