Letter of No Objection and its importance to NYC homeowners
Letter of No Objection (LNO) – A document from the NYC Department of Buildings (DOB*) that says the Department has no objection to the legal use of your building when there is no Certificate of Occupancy on file, usually because the home was built before 1938. It is often used to show banks, buyers, or other city agencies that your long‑time residential use is accepted as legal.
When is a Letter of No Objection used?
For many small 1–3 family homes built before 1938, there is no modern Certificate of Occupancy (CO) in the DOB records, even though families have lived there for decades. In these cases, you may need a Letter of No Objection to prove that the way you use the home today matches what the Building Code and zoning rules allow.
- Sale of your house: A buyer’s attorney or title company may ask for an LNO to confirm that the home is legally a one‑family or two‑family dwelling.
- Refinancing or home‑equity loan: Your bank might require an LNO if it cannot find a Certificate of Occupancy in DOB records for your pre‑1938 property.
- Change in how space is used: An architect or expediter may recommend an LNO when you want to use part of your home differently (for example, adding a small home office or a legal apartment) and DOB needs to check if this use is allowed.
Important documents to bring
When you go to the DOB Borough Office to ask for a Letter of No Objection, bring as many of these as you can. More proof of long‑term, legal home use can make the review easier:
- Deed and property records: Current deed, old deeds if you have them, and any recorded documents that show the property as a 1–3 family home.
- Tax and utility bills: Recent and older property tax bills, water bills, or other city utility bills that show the same residential address over many years.
- Old surveys or floor plans: Any surveys, sketch plans, or older drawings that show how many dwelling units and how the rooms are arranged.
- Photographs: Clear photos of the exterior and interior that show long‑term residential use (for example, two mailboxes for a two‑family house).
- Letters from professionals: Any letter from your architect, engineer, expediter, or attorney that explains how the home is used and why an LNO is needed.
Why it matters for small homeowners
For a small homeowner, a Letter of No Objection is often the only practical way to show that DOB accepts the current legal use of a pre‑1938 home when there is no Certificate of Occupancy. Without it, a bank or buyer may refuse to move forward because they cannot prove that the home is legally a one‑family or two‑family dwelling.
Getting an LNO does not change your legal use; instead, it confirms what DOB believes is already allowed under the rules. It can remove uncertainty during a sale or refinance, and sometimes it is the first step before an architect files other applications for future work.
Example: Maria’s two‑family house in Queens
Maria owns a small two‑family house in Queens that was built in the 1920s. There is no Certificate of Occupancy in the DOB online records, but her family has lived in the building as a two‑family home for many years. When Maria tries to refinance her mortgage, the bank’s lawyer asks for proof that the house is legally a two‑family dwelling.
Maria’s architect checks the DOB records and explains that, because the house was built before 1938 and has no CO, the best option is to request a Letter of No Objection. Maria brings her deed, old property tax bills, water bills, and photos of the two mailboxes and two doorbells to the DOB Borough Office. After review, DOB issues an LNO stating that it has no objection to the building being used as a two‑family home. With this letter, the bank is comfortable to continue with the refinance process.
NEXT STEP
Understand what DOB checks when there is no Certificate of Occupancy
Good to know
This page is for general education only and is based on public New York City sources when available. Some technical and legal terms are simplified into plain English to help homeowners and ESL readers. It is not legal advice, and it does not replace guidance from a licensed professional. NYC construction and safety rules change often, and your situation may have extra DOB*, zoning, or local requirements. Before you make decisions about buying, selling, or changing how you use your home, always check current rules with a licensed design professional or directly with the NYC Department of Buildings.
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If you see any capital letter abbreviations on this page or in an official letter you received from the city and you do not understand them, you can try to look them up on our NYC Violation Codes HUB page with the search tool.
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