Few things slow a New York City house sale like an open permit or an old violation that nobody remembers. A buyer’s attorney and title company will search city records, and anything they find can delay the closing, lower the price or end the deal. The good news: most issues can be found early, and many can be fixed before you list.
What Buyers Search For
| Agency | What to check | Where |
|---|---|---|
| NYC Department of Buildings | Open permits, missing sign-offs, DOB violations, certificate of occupancy | DOB online records |
| NYC Housing Preservation and Development | Housing code violations (Class A, B and C) | HPD online records |
| NYC Office of Administrative Trials and Hearings | Former ECB violations and unpaid penalties | OATH records |
| NYC Landmarks Preservation Commission | Landmark violations for work done without approval | LPC records |
You can search most of these yourself on the Department of Buildings and HPD websites using your address.
Open Permits
An open permit means work was filed but never signed off. It may be old work that was finished but never closed out with the city. Closing it usually takes the original contractor or a new licensed professional, inspections and paperwork. Start early; it can take weeks or months.
Violations
DOB, HPD and OATH violations can carry penalties and may need proof of correction. Some can be cured quickly, such as a missing smoke detector; others need real work. Your attorney may negotiate an escrow at closing for items that are still open, but buyers and lenders do not always accept that.
The Certificate of Occupancy
The certificate of occupancy (CO) states the legal use and number of units. If a “three family” house has a CO for two families, buyers and lenders will notice. Many Brooklyn houses built before 1938 have no CO; in those cases, the Department of Buildings may issue a Letter of No Objection confirming the use. See how legal units affect pricing.
Disclosure
Since March 2024, New York sellers of most one to four family homes must give buyers a completed Property Condition Disclosure Statement before signing the contract; the old option of a $500 credit instead was removed. Your attorney will guide you on what to disclose.
A Pre-Listing Checklist
- Search DOB, HPD and OATH records for your address.
- Find your certificate of occupancy, or confirm why there is none.
- If you are in a historic district, check LPC records; see selling in a historic district.
- Make a list with your attorney: fix now, escrow at closing, or price in.
- Factor any costs into your net proceeds.
If repairs are not practical, an as is sale may still work, with the issues disclosed and priced in.
Photos in this article are illustrative images from the 555 Properties LLC library unless a caption names a specific property.
Talk With Valerie
Valerie Sebbag, Licensed Real Estate Broker at 555 Properties LLC, has more than 30 years of client-facing experience and more than 12 years in real estate. If you are thinking about selling, request a private, no-cost valuation or read about our seller services. You can also see our closed sales.
