The New York Times
Real Estate Q&A (2nd half)
229 W. 43rd St.
New York, NY 10036
December 17, 1995
Q.: Is it allowed for a unit owner in a co-op building to use such apartment solely for a business office, while residing elsewhere?
James Kay, jr., Fort Lee, NJA.: Steve Muhlstock, a New Jersey lawyer, who specializes in co-op and condominium law, said that such use of a co-op apartment would probably be prohibited on two counts.
"Most co-ops prohibit any uses other, than residential uses within residential units," Mr. Muhlstock said, adding that "Both the proprietary lease and the co-op's bylaws should be examined to determine, whether such a prohibition exists."
But even if the co-op itself doesn't prohibit the business use of a residential unit, such a use might be prohibited by municipal laws. "It goes to the issue of municipal zoning laws," he said. "There is nothing that says you can't have a computer and a telephone in your apartment, but I think that if you tried to advertise a law office or a business out of a co-op, you'd be in violation of the local zoning ordinance."