Letter of No Objection and its importance to NYC homeowners
Letter of No Objection (LNO) – A document from the NYC Department of Buildings (DOB*) confirming that the Department has no objection to a building or space being used for a stated legal purpose. For homeowners, it is commonly used when a home was built before 1938 and does not require a Certificate of Occupancy. The letter can help show banks, buyers, or other city agencies that DOB accepts the use described in the letter as legal. Longstanding residential use alone does not establish that the use is legal.
When is a Letter of No Objection used?
Many one- to three-family homes built before 1938 do not have a Certificate of Occupancy (CO). These older buildings generally do not need one unless later alterations changed their use, exits, or occupancy. When the building is exempt from the CO requirement, an LNO can provide written confirmation from DOB of its legal use.
A missing CO in the online records does not automatically mean that the building is exempt. Before requesting an LNO, review the building’s history, including any later alterations, to determine whether a CO is required.
- Sale of your house: A buyer’s attorney or title company may ask for an LNO to confirm the home’s legal residential use, including its permitted number of dwelling units.
- Refinancing or home-equity loan: Your bank might request an LNO when your pre-1938 property has no CO and it needs written confirmation of the home’s legal use.
- Clarifying how space may be used: An architect or filing representative may recommend an LNO when DOB needs to confirm whether an existing or proposed use is allowed. The use must comply with applicable building and zoning rules, and the occupancy load and exits must remain unchanged. An LNO does not authorize construction or legalize an additional apartment.
Important documents to bring
Contact the DOB borough office where the property is located to confirm how to submit your request and which documents are required. Gather available records that help explain the building’s history and use. The following materials may support the review, but no single item automatically proves that the current use or number of apartments is legal:
- Deed and property records: Your current deed, older deeds if available, and other recorded documents that help identify the property and its history.
- DOB records: The building’s property profile, job-filing history, and available historical applications, approved plans, or archived records showing its use and any later alterations.
- Tax and utility bills: Recent and older property tax bills, water bills, or other utility records that help document the property’s history. A residential tax classification or utility account does not, by itself, prove the legal number of dwelling units.
- Old surveys or floor plans: Available surveys and older drawings that show the building’s layout and how it was used. Clearly identify whether a drawing is an approved plan or an informal sketch.
- Photographs: Clear exterior and interior photos, including dated historical photos if available. Photos can help explain the building’s condition and use, but features such as two mailboxes or two doorbells do not prove that a two-family use is legal.
- HPD records, when applicable: For three-family and larger residential buildings, relevant Department of Housing Preservation and Development records, including available historical I-cards that record building information. Ask the borough office which records are needed for your property.
- Letters from professionals: Any supporting letter from your architect, engineer, filing representative, or attorney explaining the documented use and why an LNO is requested. These letters support the request but do not replace DOB’s review.
DOB may request additional records or an inspection before deciding whether to issue the letter. The result depends on the building’s history, the available evidence, and the applicable requirements—not simply on how long the home has been used a certain way.
Why it matters for homeowners
For an eligible pre-1938 home without a Certificate of Occupancy, an LNO can be a practical way to obtain written confirmation of its legal use. A bank or buyer may delay a transaction until the owner provides acceptable documentation showing whether the home is legally a one-family, two-family, or three-family dwelling.
Getting an LNO does not change the building’s legal use or approve construction. It confirms that DOB has no objection to the use described in the letter based on its review. This can help resolve uncertainty during a sale or refinance and help an architect understand the documented use before planning future work.
An LNO does not replace a Certificate of Occupancy when one is required. It also does not automatically resolve violations, approve alterations, or make an unauthorized apartment legal.
Example: Maria’s two-family house in Queens
In this hypothetical example, Maria owns a small house in Queens built in the 1920s and used by her family as a two-family home for many years. She cannot find a Certificate of Occupancy in the DOB online records. When she tries to refinance her mortgage, the bank’s lawyer asks for proof that the house is legally a two-family dwelling.
Maria’s architect reviews the available DOB records, historical documents, and later alterations. In this example, the records support legal two-family use, and the review finds no later changes that would require a CO. The architect therefore recommends requesting a Letter of No Objection.
Maria submits the supporting records requested by the DOB borough office, including the relevant historical building records. Her deed, older tax and water bills, and photographs provide additional background, but they do not establish legal two-family use on their own. After reviewing the records and finding that the request meets the applicable requirements, DOB issues an LNO confirming that it has no objection to the stated two-family use. The bank accepts the letter and continues the refinance process.
Another owner’s result may be different. If the records do not support the current use, or if later changes require a CO, additional research or other DOB approvals may be needed instead of—or before—an LNO.
NEXT STEP
Understand when an LNO may confirm legal use and when a Certificate of Occupancy is required
Good to know
This page is for general education only and draws on public New York City guidance. Some technical and legal terms are simplified into plain English to help homeowners and ESL readers. It is not legal advice and does not replace guidance from a qualified professional. NYC construction and safety rules can change, and your property may have additional DOB*, zoning, or other requirements. Before making decisions about buying, selling, or changing how you use your home, confirm the applicable requirements with the NYC Department of Buildings and consult a licensed design professional or attorney as appropriate.
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