Check the permitted occupancy before committing to a New York City business location

Before relying on a landlord's statement that a space is commercial, describe what the business will do there. Include the floors and rooms occupied, customer access, production or storage, expected occupancy and planned alterations. Give that description to the qualified professional reviewing the premises and to counsel handling the lease.

A prior tenant's use is useful background, but it does not establish approval for the next tenant's proposed operation. Ask for a written conclusion about the actual plan and identify the documents supporting it. Treat a change in the plan as a reason to revisit that conclusion.

New York City's Department of Buildings says a Certificate of Occupancy identifies a building's legal use or permitted occupancy. Its guidance directs searches through the Buildings Information System or DOB NOW according to the record's date. Retrieve the actual certificate and floor-use information for the correct property.

Compare the address, building identifiers, floor and space with the proposed lease. Keep the retrieved document and search date. A certificate for another floor, a neighboring building or an earlier configuration should remain an unresolved item until the professional explains its relevance.

The city's guidance describes an exception for certain buildings dating before 1938 when later changes have not triggered a certificate requirement. It identifies a Letter of No Objection as possible evidence of legal use for an exempt building. Have the professional establish whether that route applies; the building's age alone does not complete the review.

If the premises rely on a Temporary Certificate of Occupancy, obtain the actual document and review its expiration and scope. Assign responsibility for monitoring the approval needed beyond that date. Keep permanent certificates, temporary certificates and letters distinct in the move checklist so their different conditions remain visible.

The Department of Buildings says changes in use, egress or occupancy can require a current or amended certificate. Ask the responsible design professional to identify the approvals and work required by the proposed operation. Counsel should address the resulting obligations and conditions in the lease or other premises agreement.

Use a decision record showing the required action, responsible party and evidence that will establish completion. Avoid setting an unconditional opening announcement around an application that remains under review. Where the landlord and tenant disagree about responsibility, resolve that before the business schedules work that depends on the approval.

Before the move, have the responsible professional confirm the occupancy evidence for the final proposed use and any conditions that remain. Counsel and the business owner should determine whether the company may proceed under those facts. Record the approved scope and the documents used, with any follow-up dates.

Keep other activity licenses and inspections on their own checklist. Occupancy evidence answers the premises-use question, while a regulated business may need additional permissions. Store the final occupancy file with the location records so a later expansion, renovation or change of activity starts from the actual approved use.