Two days before closing on a home in Commack, Dan and Barbara Lavender
learned the seller had no certificate of occupancy for a deck on the property.
But having already sold their home in Massapequa, the Lavenders didn't want
to delay the late August closing while waiting for the CO, as certificates of
occupancy are known. Instead, they went ahead, holding some of the seller's
money in escrow to cover the cost of obtaining the document.
And rather than leave the Lavenders to deal with the paperwork and
officials themselves, the seller's attorney hired Michelle Noonan, an East
Northport expeditor, to help them get the CO.
Now an architect is drawing up plans to show what the deck looks like.
After receiving them, Noonan will gather the rest of the documentation, file
the permit applications and do the follow-ups and inspections until the CO is
secured. This will surely save the Lavenders hours of work, had they undertaken
the effort on their own.
"Michelle calls me twice a week to tell me how everything's going," Dan
While Lavender, a contractor, already knew about the role expeditors play
before he met Noonan, "most people don't," said Christine Nicholl, a Brookhaven
hamlet expeditor. "About 50 percent of my clients didn't even know I existed
until their attorney or real estate person told them about me."
Expeditors - often former building department employees and contractors -
act as liaisons between municipalities and homeowners to help remove building
violations and prepare applications to secure permits, COs, certificates of
completion and other documentation for their properties.
For such services, they charge a range of fees, depending on the job.
Noonan said she charges a minimum of $350. Fees for a simple filing, such as
legalizing a detached garage, start at about $500 while anything requiring a
variance may cost $1,000 or more, other expeditors say.
Generally, expeditors are called in when homeowners are selling or
refinancing, said Nicholas B. Valastro, president and chief executive of
Permits Plus, the expediting division of Valtech Research, a real estate
services company in Carle Place.
Increasingly, lenders are looking closely to make sure owners have a CO for
any additions to their house before approving a mortgage or refinancing a
loan. If they don't, the borrower can hire an expeditor to go to the building
department and file the paperwork as well as attend hearings and inspections
that may be required.
Expeditors are especially useful when there is a tight time element, such
as an impending closing, or when it's a complicated matter, experts say. They
know who to talk to in municipal government and, more importantly, the hours
those people are available, said Steve Wekselblatt, a real estate attorney with
offices in East Hills and Sheepshead Bay.
Expeditors also are frequently hired by individuals building new homes or
doing extensive renovations. Along with the final CO, there are more permits
required than most people realize, particularly in New York City, where there
are permits for items such as plumbing, electrical wiring and sidewalks, said
Donna DiFara, an architect with W.D.A. Architects and Planners, a Woodside firm
with an expediting division.
In addition, expeditors do work for other professionals, filing plans for
architects and paperwork for attorneys, to save them time, Noonan said. It
costs a client less for the attorney to hire an expeditor than for the attorney
to personally do the filing and charge his or her hourly rate, said Huntington
real estate attorney Herbert Kotler.
In Nassau and Suffolk counties, most homeowners needing such services go
directly to an expeditor when they need help, Valastro said. Within New York
City, however, homeowners usually turn to architects or professional engineers
with an expediting division. The reason: While some Long Island municipalities
don't require plans with an architect or engineer's signature and seal if the
project's cost is under $10,000, Valastro said, the city requires such
signatures on all additions, from sheds to dormers.
For most homeowners, the decision to hire an expeditor does not come from
their inability to get these documents themselves. In fact, when Dan Lavender
sold his Massapequa home, he got the CO he needed for his deck and other
add-ons on his own. But it did take a while, he acknowledged, and for
homeowners who are not contractors like himself, it's bound to take longer as
they try to figure out the process.
In addition, "most people have jobs and families and are busy," Kotler
said. "They don't have the time it takes."
Some people start the process and then hire an expeditor when they see how
much work is involved or after they become confused, Noonan and others said.
"Getting a CO or permit is a lot more complicated than people think," said
Eugene Murphy, acting commissioner of the Town of Islip's planning and
development department, which oversees the building department. Often, more
than one government agency is involved, and several follow- up visits are
"Getting a permit is not like going to the DMV [Department of Motor
Vehicles], where you go in at 10 and you are out by 12 with what you need,"
Murphy said. "Expeditors do provide a service."
Every municipality has its own quirks, and experienced expeditors know what
they are, Noonan said. For example, the Town of Smithtown accepts Polaroid
snapshots when photos must be submitted with an application, but the Town of
Huntington does not.
Expeditors also know when other municipal agencies must be involved,
Nicholl said. When an outside cabana is added to a home in Brookhaven Town, an
owner needs approval not only from the building department, but also from the
health department for a sanitary system.
Homeowners doing it on their own can ask a clerk for help, Kotler said, but
some are less helpful than others.
Alfonso Duarte, a Whitestone-based professional engineer who works with
homeowners and others in securing permits and COs, said he sometimes feels as
if he lives in the city's building department because of the huge amount of
time he spends there.
A lot of time is just spent waiting, Duarte said. Because of the strong
remodeling and housing market, there are often long lines and a shortage of
Some people arrive 5:30 a.m. to see an examiner in the city. In fact,
Duarte said he has gotten new clients while at the city building department,
just by running into homeowners who were wandering about lost while trying to
find out how to file for a permit or CO. They take his card and contact him
later, he said.
Murphy also noted that it's easier for building department employees to
work with veteran expeditors who know the process and terminology and know how
to follow up.
After five minutes of talking with a homeowner, Nicholl said, an
experienced expeditor should be able to determine what they need to file, what
the cost will be and how long it will take to accomplish their goal.
While it's easier and less stressful to take care of these things before
putting your house on the market, most sellers find out what paperwork they are
missing only as their closing approaches, Noonan said. Sellers often don't
have the necessary COs, she said, because they've added sheds and decks or
converted garages into living space without getting the necessary permits - all
in an effort to avoid increased property taxes on the improvements.
But many municipalities now add penalties when applying belatedly for a CO.
And doing work in the city without a permit can result in a fine of up to 10
percent of the project's value, DiFara said.
When New York State's updated building code goes into effect on Jan. 1,
homeowners getting a CO belatedly, after the work is completed, could face even
greater headaches, Nicholl said. Homeowners will have to meet the stricter
code, even on work done years ago, she said. Changes in the code include some
larger required window sizes and new deck railing requirements.
Duarte, the Whitestone engineer, said that some problems take a long time
to resolve, even for an experienced expeditor. He recalled one instance when he
was hired by a seller whose lender learned the day before the closing that the
homeowner had no CO for the home. Duarte went to the building department in
Queens and discovered there was, indeed, none on file. He then proceeded to do
all the tasks necessary to get one.
"I measured every room and window," Duarte said. Blueprints were drawn up
and permits filed for the electrical work and plumbing, among other things. A
CO was secured and the seller was finally able to close - four months later.
Some real estate agents will perform expediting services for their clients,
as part of their commission, said Gail Bishop, office manager for Prudential
Long Island Realty in East Islip.
Charles Sciberras, an agent with RE/MAX Today Realty in Astoria, recently
helped a seller get a CO for a two-family house that was being converted into a
three-family. "I did it myself and it was a lot of work," Sciberras said. "I
had to go back [to the building department] a half dozen times."
In retrospect, he said, it would have made more sense to hire an expeditor.
Joe Catalano is a frequent contributor to Newsday. He may be reached via
e-mail at email@example.com.