LNO (Letter of No Objection) – What It Is, Why You Need It, and How to Get One in NYC

Sometimes in NYC you’ll hear the term “Letter of No Objection” (LNO), especially in the context of property use or opening a business in an older building. If your building doesn’t have a Certificate of Occupancy or you’re trying to confirm an existing legal use, an LNO can be crucial. Here’s a plain-language guide to LNOs:

What is a Letter of No Objection?

It’s an official document issued by the NYC Department of Buildings (DOB) stating that the Department has “no objection” to a specific use of the building. In essence, it confirms that the use you propose (or the use that currently exists) is legal under zoning and building regulations, given the building’s records. LNOs are typically issued for buildings that do not have a Certificate of Occupancy. NYC first started requiring Certificates of Occupancy (COs) in 1938; buildings older than that often don’t have one (​fontanarchitecture.com). For such buildings, an LNO is a way for DOB to say “we acknowledge the building’s use without a formal CO, and we have no objection to it continuing.”

To put it simply: if you have a property built before COs were a thing (pre-1938) or any building lacking a CO, and you need proof of legal use (e.g., it’s a store, or a 2-family house, etc.), you request an LNO. The LNO letter will specify the address and state something like, “DOB has no objection to [describe use, e.g., “the use of the premises as a retail store on the first floor and one dwelling unit on the second floor”].”

Why is an LNO Needed?

 There are several scenarios where you might need a Letter of No Objection:

• Opening a Business (e.g., Restaurant or Store): When applying for certain business permits or licenses, agencies want to ensure the location is properly zoned and approved for that use. For example, the NYC Health Department or the State Liquor Authority might ask for a CO or LNO to prove that a restaurant is allowed at that location. If your space doesn’t have a CO showing “eating and drinking establishment,” an LNO can serve as that proof.
• Change of Use with No Construction: Suppose you’re taking an old storefront and turning it into an office, and technically this change doesn’t require a big construction job or new CO. The landlord or bank might still ask for an LNO to confirm DOB doesn’t object to the new use under current zoning.
• Selling or Financing Property: Buyers and banks doing due diligence on a building without a CO often want an LNO. It provides confidence that the building’s current use is legal, which affects property value and insurability.
• To Satisfy Another City Agency: If the Fire Department or Dept. of Consumer Affairs, etc., has questions about a building’s legal use, an LNO from DOB can clear things up.
• Proof of Grandfathered Use: If a building has been used a certain way for decades (predating current zoning laws), an LNO can sometimes be obtained to document this existing, legal non-conforming use.

In summary, an LNO is often needed in lieu of a Certificate of Occupancy to demonstrate legal use. It’s basically paperwork to satisfy the question: “Is it okay to use this building for X purpose?” For older buildings without a CO, DOB’s answer to that is in the form of an LNO (​nyc.gov).

How to Obtain a Letter of No Objection:

Getting an LNO is a process that requires a bit of research and patience:

1. Determine if the Building Truly Lacks a CO

First, check DOB records (you can use the Buildings Information System online) to see if a Certificate of Occupancy exists. If it does, you don’t need an LNO – the CO is your proof of use. If it doesn’t, proceed.

2. Gather Documentation

The goal is to show DOB what the current legal use is (or most recent legal use) of the building. Useful documents include:

• • Old building cards or index records from DOB (sometimes available via DOB or Dept. of Records) showing historical use.
  • Copies of any old Certificates (maybe a temporary CO, or older equivalent documents if any).
  • Previous permits or applications that describe the use.
  • For residential buildings, records from the Housing Preservation & Development (HPD) or a “I-card” (old occupancy records) can help.
  • For commercial, perhaps old licenses or even utility bills indicating use.
  • Basically, evidence of the use over time.

3. File an Application with DOB

You (or more commonly, an expediter or architect) will submit a request for Letter of No Objection to the DOB Borough Office where the property is located. This involves a form (DOB has a specific LNO request form) and a fee (there’s typically a small fee for the LNO, similar to obtaining a record).

4. Review by DOB

A DOB examiner or Borough Commissioner’s office will review the request. They will look at:

• • Zoning: Is the use allowed in this zoning district? (E.g., can you have a store on a residential zoned lot? If it’s been there forever, maybe grandfathered, but they’ll check.)
  • Past records: Do DOB’s files indicate any objection or violation for the use? Are there any open violations that conflict (like a violation for illegal use)? You might need to resolve those first.
  • Building Code: If it’s something like converting use, is it safe/allowable? (However, since LNO is typically for no change in physical work, it’s mostly a paperwork exercise.)

Result – Approval or Objection

If all is good, DOB will issue the LNO, signed by the Borough Commissioner. If they find an issue (say your evidence is weak, or the use isn’t permitted), they might deny or ask for more info. Sometimes they’ll say you actually need to file for a new CO instead (which is a bigger process) if, for instance, you are effectively changing the use.

• Timeline: It can take a few weeks to a month or more. Typically, figure on at least 30 days for DOB to process an LNO, assuming it’s straightforward​ (fontanarchitecture.com). If complications arise, it could stretch out longer.00

Tips to Smooth the LNO Process:

• Use an Experienced Expediter or Architect: Navigating DOB for an LNO can be tricky. Professionals know how to dig up the needed records and how to phrase the request. They essentially build a case for the DOB reviewer. As one NYC architect noted, filing an LNO is akin to a court case – the more evidence and clearer argument you have, the better your chances (​fontanarchitecture.com).
• Ensure No Open Violations: If the property has open DOB violations (especially for illegal use or occupancy), resolve them if possible before applying. DOB might not issue an LNO if there’s an outstanding violation that conflicts with the request.
• Be Precise in the Request: The LNO will state a specific use. Make sure you request what you actually intend to do. For example, don’t generically say “retail”; say “Use of first floor as a delicatessen (Use Group 6)” or whatever is appropriate. If you’re too broad or too different from historical use, DOB might worry you’re sneaking in a new use under guise of “no change.”
• Know Its Limits: An LNO is not a Certificate of Occupancy. It doesn’t give you one if you never had one. It’s just a letter. It often suffices for many purposes, but if you later decide to do major alterations, you might still be required to obtain a proper CO through the normal process. Also, LNO typically covers use; it doesn’t legalize physical work. If the building had work done without permits, an LNO won’t forgive that.

Example: Imagine you want to lease a 1920s building for a new café. There’s no CO (built in 1920). The previous use was a grocery store on first floor with an apartment above. You’d gather old records showing that store use. If zoning today allows a cafe/eating establishment at that location, you apply for an LNO for “eating and drinking establishment (no cooking)” or similar. With sufficient proof that a similar retail use existed and no violations, DOB issues an LNO stating no objection to a cafe. Now you take that letter to the Health Department and they’re satisfied the site is okay for a restaurant (zoning-wise). You still have to get building permits for any renovation and the DOH permit to actually operate, but zoning/use is cleared.

Bottom Line

A Letter of No Objection is a vital document for NYC properties that lack a Certificate of Occupancy. It’s essentially the DOB’s blessing on how you’re using the building. Business owners should be aware of it because if you rent an older space, you might be asked for an LNO during permit or license applications. Getting one involves paperwork and patience, but once you have it, that letter is like gold – it officially backs up your right to use the space as intended (​nyc.gov). Always plan ahead: start the LNO process early so it doesn’t become a roadblock in opening your business.