Sunset Park Renter's Guide

To check that a Sunset Park apartment is legal, compare the unit you are viewing with the building's official record: its certificate of occupancy if it has one, its building class and unit count, and its Department of Buildings complaints. This matters here because most homes are in rowhouses and small walk-ups built before 1930, where extra basement or cellar units and unpermitted conversions are the main legal risk.

This guide uses the city's PLUTO land-use data to describe the housing stock, then shows you how to run the legal check in about 15 minutes.

What the housing looks like

Sunset Park is a neighborhood of small buildings. More than half of homes are in buildings of one to five units, and fewer than 6% are in elevator buildings.

By PLUTO's year-built field, 12% of residential lots date from before 1900 and 66% from 1900–1929. About 10% of homes are in buildings from 2000 or later, which sit on only about 3% of residential lots.

The historic districts

On June 18, 2019, the Landmarks Preservation Commission designated four Sunset Park historic districts: Sunset Park North, Central Sunset Park, Sunset Park South and Sunset Park 50th Street. The LPC describes the largest, Sunset Park South, as about 285 buildings, almost entirely two-story row houses with basements and stoops, built between 1892 and 1906. Central Sunset Park has more than 140 buildings. The “and basement” part matters for renters: many of these houses have a lower level that may or may not be legal to live in.

The park and getting around

Sunset Park, the park, covers 24.5 acres. Its pool complex, on Seventh Avenue between 41st and 44th streets, the Sunset Play Center, opened on July 20, 1936 as one of eleven large outdoor pools the city opened that summer with federal Works Progress Administration funding, according to the Landmarks Preservation Commission, which designated it a city landmark on July 24, 2007.

The R runs under Fourth Avenue with stops at 25 St, 36 St, 45 St, 53 St and 59 St. The D and N also stop at 36 St, and the N stops at 59 St and at 8 Av. The MTA lists 59 St and 8 Av as accessible. D trains on the West End line run along the neighborhood's eastern edge. By straight-line distance, about 98% of homes are within half a mile of a subway station.

How to check a Sunset Park apartment is legal

1. Find the certificate of occupancy, if there is one

A certificate of occupancy (CO) states the legal use and occupancy of a building, including how many homes it may contain. The Department of Buildings says buildings built before 1938 are not required to have a CO unless later work changed their use, exits or occupancy. Because most Sunset Park buildings predate 1930, many have no CO at all. That is not a problem by itself; it just means you need other records.

To search: for COs issued before March 1, 2021, DOB says to use the Building Information Search (BIS); for later ones, use the address search in DOB NOW. See how to read a certificate of occupancy.

2. Compare the unit count

Look up the address on Roofy's building lookup. Note the building class (for example, a two-family house or a walk-up) and the number of residential units. Then count doorbells, mailboxes and gas or electric meters at the viewing. If a “two-family” house has three or four apartments, at least one is probably not legal.

3. Check the lower floor rules

HPD draws a hard line between a basement and a cellar:

HPD lists the dangers of illegal lower-level units as carbon monoxide poisoning, poor light and ventilation, and inadequate fire exits. If you are offered a basement unit, read basement and cellar apartments in NYC first.

4. Read the DOB complaints and violations

DOB complaints show what neighbors and inspectors have reported, including illegal conversions and work without a permit. A complaint about an illegal apartment, especially one that led to a violation, is a strong warning sign. Our guides to DOB complaints and DOB violations explain the codes, and our report on illegal conversion complaints shows how common they are.

5. Check the basics for your building size

• Three or more units: the building must be registered with HPD, and the owner must provide a working smoke detector and carbon monoxide detector in each unit.
• One- or two-family house where the owner does not live: it must also be registered with HPD, and needs a CO detector if there are fuel-burning appliances.
• Six or more units built before 1974: the apartment may be rent stabilized (HCR Fact Sheet #1). About 31% of Sunset Park homes are in non-co-op, non-condo buildings that fit this profile. Check with the rent-stabilized checker.

Checks before you sign

1. 1

   Look up the address

   On Roofy (/nyc), note building class, year built and legal unit count.
2. 2

   Search for a CO

   Use DOB BIS (before March 2021) or DOB NOW. No CO is normal for pre-1938 buildings.
3. 3

   Count the units on site

   Doorbells, mailboxes and meters should match the records.
4. 4

   Check the lower floor

   Ask whether the unit is a basement or a cellar, and how the owner knows it is legal.
5. 5

   Read DOB complaints

   Look for illegal conversion and no-permit work complaints.
6. 6

   Test the alarms

   Press test on the smoke and CO detectors during the viewing.