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Live and Let Live/Work

APRIL 29, 2010

Living where you make your living is nothing new, but you should know the rules before you go zero-commute.

In New York City, a number of zoning and building codes govern permitted live/work uses. Current options consist of two distinct forms. Home occupation allows modest, low-impact commercial use in a residence or residential zone (a home office, for example), subject to limitations on the extent of commercial activities to ensure that the residential environment of the neighborhood isn’t disturbed. A live/work ordinance, on the other hand, can allow residential use within commercial, office, or industrial buildings and zones. More simply put, it’s a matter of whether you’re working from home or living at work.

Additional laws regarding live/work space include the Multiple Dwelling Law (known as the Loft Law) that exists in some parts of the city (SoHo, for example) and covers formerly commercial spaces that have become residences, as well as special artist-in-residence regulations. Recent developments like urban farming and home-schooling have brought new considerations to the ongoing discussion of how to regulate living and working space. To find out how to legally use your property for living and working, the NYC Department of Buildings is a good place to start. This zoning glossary can help familiarize you with terms, and sites like tenant.net can be helpful in deciphering zoning regulations.