Ronda and many readers are right.
If you did not have to amend the Certificate of Occupancy when creating the two apartments, you will not have to amend it when undoing this creation.
The number of residents (implemented by the number of units) is strictly controlled by the zoning law. Remember that overcrowding everybody seems to complain about, this law is meant to prevent overcrowding! But of course it is designed for all situations, not just this oddball situation.
1. You will need to obtain approval from your builidng
2. You will need to obtain a city permit, showing proper egress, fire rating, light and ventilation etc.
3. You will need to do the work required.
4. You will need to close out the permit.
5. You may or may not need to amend the C of O (Certificate of.......)
The above is a simplistic explanation, your building will charge you for their architect review of your work. They will need to closeout any existing violations if C of O is to be amended.
Etc.
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It's hard to imagine that this could be done without a building permit and that may bring into play issues about current building code compliance. If the owners are determined to proceed, they should first talk to their coop board (which may not be willing to approve dividing the apartments) and then have an experienced architect review the situation and give them some idea what would be involved.
I wonder if the owners should consider looking for a real estate deal within their building with someone with a smaller apartment who wants to trade up to a larger one. It would probably be a combination swap plus cash. Could be a good middle way for this situation.
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Good lord. Much, much easier to sell and move. Maybe even inside the same building.
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Why not take into consideration the old cost of having joined the apartments and then the new cost of dividing the apartment and installing a new kitchen -- as opposed to the continued cost of the combined maintenance for the next 10-15 years or however long you think you have left on earth. If you're worried about money, keeping the apartment as is might be smarter.
So what if your apartment is bigger than you want it to be?
Someday you might need a live-in aide.
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The old cost is sunk--it's irrelevant to the calculation at-hand (except psychologically).
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See, J c, I never think the old cost is "sunk." It's spent; it's gone. When I spend money on my old house, I spend it; it is no longer in the bank.
Is it really irrelevant to the calculation? The couple spent upwards of half a million, at the least, to do that original combining. How much will it cost to do the conversion now, twenty years later, given labor costs? Is the new $500,000 going to be less than that part of their monthly maintenance charges? A cooperative apartment isn't a big house in, say, Tarrytown, that needs constant work, landscaping, plowing in winter. I can see why people downsize from their suburban homes, which they bought when they left New York City for better schools and backyards for their kids. A co-op? Eh.
But of course, if in 1996 they combined an Upper West Side classic-seven with the classic-six next door, the fortune they'll make will set them up for a very long time.
@B: But that IS the definition of "sunk cost": it's spent, it's gone, it's no longer in the bank; it's not available for one to use.
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You can. People have done it in the coop where I live, for exactly these reasons. Their combination was straightforward, as was their separation.
1
The city requires an architect and building permit when removing walls and I suppose the same would apply for the reverse. It is likely that you have some record of your number of shares prior to the addition of the second apartment.
The short answer is that as long as your co-op board gives permission, you can redivide the apartment. The proprietary lease will explain how, probably in a section that mentions regrouping of space (hint: it's the same section used for combining the units in 1996). Assuming the board says, yes, it then becomes just a major renovation, which your property manager can explain.
About city codes, permits are required for major structural, electrical, and plumbing changes. But not all co-ops require permits. In this case, you probably have only one kitchen, and restoring a new kitchen in the second unit would need to meet city codes, which have gone through two major revisions since the 1990s. (More detailed, but also safer, healthier, and more efficient.)
Even if your board doesn't require city permits, you may want to go that route, despite the added expense of licensed professionals and permit fees. If you're financing, the bank may require it. And if you're selling, many prospective buyers will be looking for it.
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Its called communism. This is why we need to seriously deregulate and value property rights. Zoning laws are seriously affecting economic prosperity and need to be done away with.
Nothing in this question and answer has anything to do with zoning.
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We should do like Houston does, have housing next to industrial sites! No zoning there.
Or, Maybe Not.
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@2-6: Oh yes, let's remove all zoning laws, so that everyone can do whatever they please - that's called anarchy.
I had a neighbor who decided (in his mind) that it was his "right" to add an additional story on top of his 5-floor building, getting it built by completely unlicensed "workers" he hired. No plans, no permits, nothing. He was furious when NYC made him tear it down, b/c it was HIS property, so he thought no rules should apply to him.
Now imagine *everyone* in a building each deciding how the plumbing should be done, jury-rigging their electrical work ("Hey, that's probably good enough!"), and not knowing a load-bearing wall from a non-load-bearing wall. What could possibly go wrong?
I'm sure doing away with zoning laws would change economic prosperity - for the worse. I'm also very sure that zoning laws are not going away!
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Something to think about when combining apartments, future use; good points.
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