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Maverick
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 6392
Experience:  20 years professional experience
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I am ***** ***** Fuentes, I am opening a Medical Practice in

Customer Question

Customer: I am ***** ***** Fuentes, I am opening a Medical Practice in New York, as a Real Estate Managing Company to run a Medical Practices.
JA: Thanks. Can you give me any more details about your issue?
Customer: I do have a place already rented and the construction job is done, and I do need to find out if is a requirement that the dept. of health require a final Certificate of Occupancy or if we can open the practice with a temporary C of O /
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $18) to post your type of question to Real Estate Law Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: Ye, no problem,
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Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Maverick replied 1 year ago.

Welcome to Just Answer (“JA”)! My name is Maverick. Please note that:

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Expert:  Maverick replied 1 year ago.

Here is the law that applies:

Section 1202.3:

(a) Upon completion of all projects for which a building or demolition permit has been issued, the property owner shall obtain a certificate of occupancy or completion. No building erected subject to the Uniform Code and this Part shall be used or occupied, except to the extent provided in this section, until a certificate of occupancy has been issued. No building similarly enlarged, extended, or altered, or upon which work has been performed which required the issuance of a building or demolition permit shall be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy or certificate of completion has been issued. (b) No change shall be made in the nature of the occupancy of an existing building unless a certificate of occupancy authorizing the change has been issued. The owner or occupant of such building must demonstrate that such change will conform with all applicable provisions of the Uniform Code before a certificate of occupancy will be issued.

(c) A temporary certificate of occupancy may be issued if the building or structure or a designated portion of a building or structure is sufficiently complete so that it may be safely put to the use for which it is intended. A temporary certificate of occupancy shall expire six months from the date of issuance or at an earlier date if specified thereon. A temporary certificate of occupancy may, at the discretion of the Department of State, be renewed an indefinite number of times.

So, yes, it appears that you can apply for the temporary CO if you meet the above test. Does this answer your question?

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