4-unit brownstone in the city - great location, but tax owed and violations

4-unit brownstone in the city - great location, but tax owed and violations

Rental Property Investor · Member since 2025 · 85 posts · 35 votes

So Real Estate = location, location, location...

I consider a 4-unit brownstone in New York City. The location is great, but the property owes huge tax and building violation penalties. There is no tax lien though - the current owner makes some min payments, but there is Stop Work order from the Buildings Dept

Money-wise, even absorbing the bills back due, it still makes financial sense. My main concern is a timeline. NYC RE investors, developers - did you deal with such a situation? How long does it take to get a new inspection and clear Stop Work after violations are resolved and penalties paid? Is there a clean start program and/or a comfortable payment plan to clear back taxes?

Should I touch it?

Thanks for an advise

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Realtor · New York, NY · Member since 2019 · 53 posts · 15 votes
1w

Dan - dealt with this exact situation on a few NYC deals. A few things from experience:

1. The Stop Work order is the gating item, not the taxes. You can't clear it until the underlying violation is resolved and the work that triggered it is permitted and signed off. For a 4-unit brownstone, get an expeditor involved on day one - DOB moves on their paperwork faster than on yours, and one conversation will tell you whether you're looking at weeks or months. Abel's right: 'complete file' is doing all the work in 'DOB is responsive.'

2. On the back taxes: if the city hasn't sold the lien yet, NYC DOF will set up a payment plan - but penalties and interest keep running, and the lien sale happens annually, so the clock is real. More importantly, if you're 'absorbing' the arrears, that's just purchase price by another name. Make sure your numbers treat it that way, and check whether your lender will even close with open municipal liens - most won't unless they're cleared or escrowed at closing.

3. Title search is non-negotiable here. Have your attorney pull every ECB/DOB/HPD violation and every DOF balance. Violations you don't know about on day one become your problem on day two.

If the numbers still work with you absorbing the balance, the deal is fine in principle. The risk is timeline - and the expeditor is how you de-risk it.

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  • Tyler MccleanPro Member
    Investor · Nassau County, NY · Member since 2022 · 91 posts · 25 votes
    2mo

    The DOB isn't terrible, other municipalities in NY can be much worse. Usually pretty responsive if you're actively looking to rectify the issues. As far as the taxes have you considered just refinancing after the project is complete? Are you looking to hold or flip?

    • Rental Property Investor · Member since 2025 · 85 posts · 35 votes
      2mo
      Quote from @Tyler Mcclean:

      The DOB isn't terrible, other municipalities in NY can be much worse. Usually pretty responsive if you're actively looking to rectify the issues. As far as the taxes have you considered just refinancing after the project is complete? Are you looking to hold or flip?


      It's a hold project - a house hacking, to live in one unit, rent out 3 others.
  • Abel CurielBusiness Member
    Real Estate Agent · Queens, NY · Member since 2016 · 2k+ posts · 1k+ votes
    2mo
    Quote from @Dan Ikon:

    So Real Estate = location, location, location...

    I consider a 4-unit brownstone in New York City. The location is great, but the property owes huge tax and building violation penalties. There is no tax lien though - the current owner makes some min payments, but there is Stop Work order from the Buildings Dept

    Money-wise, even absorbing the bills back due, it still makes financial sense. My main concern is a timeline. NYC RE investors, developers - did you deal with such a situation? How long does it take to get a new inspection and clear Stop Work after violations are resolved and penalties paid? Is there a clean start program and/or a comfortable payment plan to clear back taxes?

    Should I touch it?

    Thanks for an advise

    Hello Dan,

    If your main concern is timeline, I'd consider speaking with an expeditor.

    As @Tyler Mcclean mentioned, DOB isn't too bad. 

    We have a 2-unit with some violation issues, and our inspections with HPD have been scheduled and rescheduled multiple times. Usually within 1-2 weeks from date of request. 

    For re-inspection, we've had inspectors come out just 2-3 business days after the previous inspection.

    REbuild Team - eXp Realty5234 Reviews
  • Realtor · New York, NY · Member since 2019 · 53 posts · 15 votes
    1w

    Dan - dealt with this exact situation on a few NYC deals. A few things from experience:

    1. The Stop Work order is the gating item, not the taxes. You can't clear it until the underlying violation is resolved and the work that triggered it is permitted and signed off. For a 4-unit brownstone, get an expeditor involved on day one - DOB moves on their paperwork faster than on yours, and one conversation will tell you whether you're looking at weeks or months. Abel's right: 'complete file' is doing all the work in 'DOB is responsive.'

    2. On the back taxes: if the city hasn't sold the lien yet, NYC DOF will set up a payment plan - but penalties and interest keep running, and the lien sale happens annually, so the clock is real. More importantly, if you're 'absorbing' the arrears, that's just purchase price by another name. Make sure your numbers treat it that way, and check whether your lender will even close with open municipal liens - most won't unless they're cleared or escrowed at closing.

    3. Title search is non-negotiable here. Have your attorney pull every ECB/DOB/HPD violation and every DOF balance. Violations you don't know about on day one become your problem on day two.

    If the numbers still work with you absorbing the balance, the deal is fine in principle. The risk is timeline - and the expeditor is how you de-risk it.

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