3 family

In NYC a property can be listed differently with different housing related agencies.  In other words sometimes the right hand doesn't know what the left hand is doing.  In the case of a 3family, that would be considered a "multiple dwelling" and should appear as such on the DHPD website, and have a multiple dwelling registration number. If it's found not to be there as a 3-fam, then it's not a 3 fam regardless of how the Dept of Finance lists it. On the other hand, pre 1938 properties don't usually have Cert of Occupancy, so choose the one you want.  Don't forget (nothing to do with title) a 3-fam is worth more than a 2-fam. 

Dear artdecopark:

With most property in Brooklyn, the way the property is being taxed, in most cases has no bearing on the legal use of the property. Just because a property is being taxed as a three family does not legally make it a three family! It is true that if the property has no certificate of occupancy and has been taxed as a three family (especially if it is since it was built) it is safe to assume it is a legal three family, but still you need to double check.

You can go to the New York State Department of Buildings web site here to see if there is a certificate of occupancy on the property:
http://a810-bisweb.nyc.gov/bisweb/bsqpm01.jsp

I must caution you that even if you go to the above web site and do the search, and if it states that there are no certificates of occupancy on record... there is still a chance that there is a certificate of occupancy but it was never placed on the web site. For this reason, when property is sold, the buyer's attorney and bank will require a title report. In this report they do in depth research to verify the legal use of the property. If you are concerned and doing future planning you may want to have your attorney or yourself pay a title company to do the search up front so there will be no problems/surprises down the road or after you go into contract/incur additional expenses.

Once you do that you can speak to an architect to make sure the plans that you have are okay and what you need to do in order to make the changes in a legal fashion. Of course you will be paying for these services, but it will be well worth it to not have the headaches later on.

If I can be of further assistance please let me know. Good luck!

Sincerely,
Mitchell Feldman
Associate Broker
Madison Estates & Properties, Inc.

Do your due diligence and check with all local agencies( Dept. of Buildings, ect.). It does not sound like you would need a variance but you do need prior approval and proper permits in place before anything happens. Check with the tax assessor's office also on what that status may be.
All of this could effect your offer, as it will cost you in fees, ect.