Municipal Searches for Commercial Property in NYC and Westchester: What Gets Checked and What Matters

A commercial purchase in New York City or Westchester County starts with the same municipal searches (checks of city and town records) as a house: certificate of occupancy (CO), building department, fire, street and highway, plus HPD emergency repair in the five boroughs. For commercial property, the title company adds searches that depend on location and use, usually air resources, health, landmark and fuel oil.

That split comes from one title insurer’s written guidelines for its New York agents (Stewart Title guidelines). It is not a law, but it reflects the standard package.

Only a few of these searches turn up money that follows the property. The rest describe condition and use, which the title policy does not insure. This guide sorts them into those two groups, then covers the environmental and zoning checks commercial buyers and lenders usually add.

The searches at a glance

Search NYC Westchester What it shows
Tax Yes Yes Taxes, liens, sold liens
Water and sewer Yes Yes Charges, last meter reading
Certificate of occupancy Yes Yes Legal use and occupancy
Building department Yes (DOB) Yes (local) Permits, violations
Fire Yes Yes Fire code violations
Street report Yes Yes Whether the street is public
Highway Yes Yes Curb cuts, street openings
Emergency repair (HPD) Yes No City repair charges
Air resources Add-on Add-on Air permits, boilers
Health Add-on Add-on Health department orders
Landmark Add-on Add-on Landmark status
Fuel oil Add-on Add-on Oil burners, tanks

Westchester has no county-level HPD. Building, fire and street records sit with each city, town or village (see Westchester municipal searches explained).

What is insured and what is information only

Under the Stewart guidelines, the tax, water and sewer, bankruptcy and Patriot (federal sanctions list) searches are always required. “All other municipal searches are for information only and are not insured,” and the title company does not leave out items found on them. The report must carry a cover page saying the results “will not be insured,” that the company “assumes no liability for the accuracy thereof,” and that they “will not be continued to the date of closing.”

A clean building or fire letter shows the agency’s file on the day it was run, nothing more. The title company clears money items and reports condition items. Reading each result against the contract, leases and lender’s conditions is the buyer’s job.

The searches that turn up money

Tax and water. Unpaid taxes and water and sewer charges are liens, paid at closing. In NYC, the check also covers tax liens the City has sold; see how to check a NYC property before contract.

HPD emergency repair (NYC). When the City’s housing agency, HPD, makes emergency repairs, the charges are billed through the Department of Finance (DOF) and can become tax liens. The Stewart guidelines note these liens “ultimately are transferred to the Department of Finance.” HPD enforces the City’s housing code, so this search matters most for mixed-use buildings with apartments.

ECB judgments and DOB charges (NYC). The building department search shows violations from the Department of Buildings (DOB) and the Environmental Control Board (ECB). An unpaid ECB penalty becomes a judgment. Some ECB judgments for Building Code violations then become tax liens (a 2017 city law):

  • Buildings with 20 or more units, or with any space the building code classifies as non-residential (such as a store or office): once the judgments total $60,000 or more.
  • Homes with three or fewer legal units: no minimum dollar amount.

The rules are in NYC property violations at closing.

Sidewalk repairs (NYC). Owners are responsible for the sidewalk next to their property under city law. If an owner does not fix a cited defect within 75 days, the Department of Transportation (DOT) can do the work and bill through DOF. After 90 days unpaid, interest is added and “a monetary lien will be placed against the property” (NYC DOT, Sidewalks).

Health department and other City charges (NYC). The Stewart guidelines list a standard NYC exception (an item the policy does not cover) for charges by the City Department of Health, “whether or not such charges are liens against which this policy protects.” They also note that liens for emergency repairs, health, pest control and other City departments move to DOF. So the DOF account is checked for them, and they are cleared at closing.

The searches that describe condition and use

Certificate of occupancy. For commercial property, the CO decides whether the planned use is legal: retail on the ground floor, offices above, or a gathering space with a set maximum number of people. A mismatch is not a title defect, but it can stop a tenant’s permit, a lender’s closing or a new CO for a renovation. See no certificate of occupancy in NYC and Westchester open permits and COs.

Building department. Shows open permits and violations. On commercial property, open renovation jobs from earlier tenants’ build-outs pass to the new owner. See open permits on a NYC sale.

Fire. Shows fire code violations and open fire department orders. It matters more for restaurants, gathering spaces and apartment buildings than for a small office.

Street report and highway. The street report addresses whether the street in front of the property is a public street. In NYC, official streets appear on the City Map. The Department of City Planning’s Digital City Map copies them and adds unofficial “record” streets for context, and is for information only (DCP data dictionary). A lot facing a planned street that was never built, or inside a line marked for street widening, raises building and access questions. The highway search covers curb cuts and street openings.

Air resources and fuel oil. In NYC, air permits and boiler registrations are filed with the Department of Environmental Protection (DEP) through its Clean Air Tracking System, which has a search by property (DEP, CATS). These searches matter because of NYC’s heating oil rules (DEP phase-out notice):

  • No. 6 oil was phased out between 2011 and 2015.
  • No new No. 4 oil boilers have been allowed since 2015.
  • No. 4 boilers “will be phased out by 2030.”

A building still burning No. 4 oil faces a conversion cost the buyer has to price in.

Landmark. In NYC, a landmark building or a building in a historic district needs a permit from the Landmarks Preservation Commission (LPC) before DOB can act on a work application (LPC). LPC no longer issues landmark status letters; it directs status questions to info@lpc.nyc.gov. In Westchester, landmarks are a local matter, so the search goes to the local landmarks or historic preservation board, where one exists.

Yonkers: the violations registry

Yonkers publishes a Building Violations Registry with a “Top Violators By Parcel” dashboard. It is usually updated weekly, but the city says inspection data can take 21 business days to post and that the data is “for informational purposes.” It works as a quick screen, not a replacement for the building department search.

Environmental checks: separate from the municipal searches

The municipal searches do not show whether the ground is contaminated. That comes from an environmental site assessment, ordered separately. Two public records are often checked alongside it.

State environmental databases (statewide). The state Department of Environmental Conservation (DEC) has an online database search. It covers:

  • Spills going back to 1978
  • Sites in state cleanup programs, such as State Superfund and Brownfield Cleanup
  • Registered petroleum and chemical bulk storage sites

DEC says the databases are updated nightly. In Westchester, the County Department of Health runs petroleum bulk storage for DEC. Its program covers sites storing more than 1,100 gallons of petroleum, and tanks over 110 gallons that are at least 10% underground (Westchester County DOH).

NYC E-designations. An (E) designation is a flag put on a tax lot through a zoning change. It carries requirements on hazardous materials, air quality or noise. Under the city’s zoning rules, DOB needs a notice from the Mayor’s Office of Environmental Remediation (OER) before it issues a building permit or a temporary or final CO for covered work. The designations are listed in an appendix to the Zoning Resolution and in an Open Data file.

For hazardous materials, soil testing is required, and OER must approve a cleanup plan that is carried out before anyone moves in (OER). An E is not a lien, but it adds time and cost to any redevelopment. An environmental restrictive declaration is different: it is recorded against the title and binds later owners.

Zoning reports and zoning insurance

A zoning report is not a municipal search. A zoning consultant compares the zoning rules (allowed uses, building size, parking) with the existing building, often attaching the CO and open violations. Commercial lenders commonly require one.

Zoning insurance is separate. The TIRSA 3-06 Zoning Endorsement, an add-on to the title policy listed in the TIRSA rate manual (the rate book New York title insurers use), is available only for commercial property. It can be added to owner’s, loan and construction loan policies. “NYSDFS requires title insurer approval prior to issuance of this endorsement” (NYSDFS is the state insurance regulator). On an owner’s policy it costs the greater of $500 or 5% of the premium. What the insurer needs before approving it varies, and approval is not automatic.

What buyers and lenders usually check, and when

  • Before contract: the CO, the building department file and boiler status, plus DEC’s databases and, in NYC, whether the lot has an E-designation.
  • The title report: money items (taxes, water, emergency repair, ECB judgments, sidewalk liens) are separated from condition items, with a payoff figure for each money item.
  • Condition items: each one is tied to a contract clause, a holdback (money held back at closing) or a price change. Updated letters are ordered if closing is weeks away.
  • Zoning: the zoning report is ordered early if the lender wants it or the buyer wants the zoning endorsement.

For what these searches cost on the title bill, see the title bill explained.

Details for attorneys and title professionals

  • The Stewart guidelines quoted here are dated December 13, 2022. They are one underwriter’s guidance, not a law. The page and section for each quoted rule are listed in Official sources.
  • The ECB judgment to tax lien rules come from a 2017 city law that amended the building code part of the NYC Administrative Code.
  • The covered E-designations are listed in an appendix to the Zoning Resolution.
  • The zoning endorsement terms and charge are from the TIRSA rate manual effective October 1, 2024.

Official sources

Related guides

Korvane Title is preparing to launch in New York. It is not licensed as a title insurance agent and does not accept title orders. Content on this site is general information, not legal advice.