In New York City, a building must have a certificate of occupancy (C of O) to be legally occupied. The C of O states the building's legal use and type of permitted occupancy. New buildings must have one, but older buildings built before 1938 may not. S & M Expediting prepares and files LNO requests; see our letter of no objection service.

Why would I need an LNO?

If you are selling a property that pre-dates the C of O requirement, the buyer or bank will ask for proof of the current use. If you are opening a business in a building without a C of O, and the business needs a license from another government agency, you will have to file for an LNO.

How an LNO is issued

An LNO is requested from the DOB borough office where the property is. It is issued when the proposed and actual use of the space are in the same use group and occupancy group under the zoning and building code. When the use group or occupancy group changes, a new certificate of occupancy is required instead.

Agencies and others that ask for LNOs include the New York State Liquor Authority, banks, mortgage companies, the Fire Department and the Department of Consumer and Worker Protection. The Fire Department requires an LNO for a property without a C of O when you apply for approval of fire alarm or fire suppression and rangehood filings.

What DOB asks for

Requirements include, but are not limited to, the following.

For buildings with a certificate of occupancy

Copy of the most recent C of O
Copy of the property profile
Job filings establishing the use or occupancy the LNO is needed for
Payment of the filing fee

When the property has no certificate of occupancy

Copy of the property profile and list of job filings
Block and lot folder plans
Recent survey
Sanborn or Belcher-Hyde map
Photos
Payment of the filing fee

If the building has a child-related special occupancy

Copy of the most recent C of O
Copy of the property profile and list of job filings
Block and lot folder plans
Hours and dates of operation, number of children (over and under the age of 2)
Layout drawing with exits and accessory locations
Payment of the filing fee

Reasons DOB will not issue an LNO

The property has open applications
There are unresolved violations on the property; see violation removal
City agencies have conflicting information about the building's use
Not enough proof of use was submitted

Need help with a C of O, TCO or letter of no objection? Call us today at 718-833-2333.

Letter of No Objection in NYC: Requirements and Documents