![]() Grandfathered features are often required to be updated to the new code if they’re being renovated in some way. ![]() Generally speaking, code changes involving immediate safety and hazardous condition, such as updates to the Fire Code, apply universally to all buildings.Īdditionally, grandfather rights aren’t necessarily permanent. However, not all code changes include grandfather clauses. In most cases, Building Code changes aren’t retroactive, and old buildings are simply left as-is under the clause. The grandfathering clause exists because bringing old buildings up to new code standards every time the Code was revised is not only impractical, but cost-prohibitive. Hence, old microapartments are technically legal. The new rule doesn’t apply to existing apartments, but it has to all apartments built since. In the case of small apartments, the pre-1968 Building Code allowed microapartments, but the following Building Code instituted a minimum square footage of 400 feet. Nope! This is known as a “grandfather clause,” or when an old rule continues to apply to certain existing situations and a new rule applies to all future cases. What gives? Aren’t those apartments illegal? ![]() The New York City Building Code prohibits apartments smaller than 400 square feet, yet you can rent apartments half that size.
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