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What should we check before renting a duplex whose lower bedroom is recorded as storage?

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The listing called it a two-bedroom duplex. At the viewing, one room was upstairs and the second was below street level. When I asked about that lower room, the agent said, "The last tenants slept there for years."

This is in New York City. A building record I found describes the lower level as storage. I don't know whether it is current or whether later approvals changed the use. The room is freshly painted and has a window, but I am not qualified to decide from a viewing whether it is approved for sleeping. We would need both bedrooms; paying for the flat and using only the upper one wouldn't solve our housing need.

The [Department of Buildings' guidance](https://www.nyc.gov/site/buildings/tenant/illegal-conversion.page) explains how to check building use and warns about unapproved conversions. It doesn't mean every lower-ground room is illegal. I want the actual position for this address established before we commit.

How should I request confirmation without accepting previous tenants' use as the answer? The agent has another viewing tomorrow, but that isn't evidence about what the room can safely and legally be used for.

Discussion

2 community replies

Ask for the current approved use and relevant records for the lower level. The discrepancy you found is specific enough to put to the owner and DOB. A freshly finished room and a history of occupants don't resolve it.

The [DOB guide](https://www.nyc.gov/site/buildings/tenant/illegal-conversion.page) points to building records and inspection routes. Let the appropriate authority or qualified local professional assess what is permitted and safe. Avoid trying to decide the question from window size or paint condition alone.

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