Ok Jack I agree, he is not an attorney, but he must have come across this scenario in the past to suggest what he is saying. I'll have to consult with a lawyer familiar with real estate.
I was told by the architect that if I showed the finished basement was occupied before 1980 It would not be subject to compliance codes. There are New York state energy codes.
This is in New Rochelle, NY.. I was given a violation notice for an illegal occupancy in a finished basement for which a permit was never obtained for many years ago. The violation is now on record with Building Dept. for my house just like one would have a violation on a driver's license.
I...
Exactly it was used as an apt. from the 60s, therefore that would eliminate bringing it up to code, however I can't prove occupancy from back then. Building person will not accept an affidavit from the person who lived there during the 60s. An affidavit is accepted in court as evidence but it...
The plan reviewer wanted proof that someone lived there many years ago such as rent receipts which I do not have and that would bypass much of the issue. What about an affidavit from the one who lived there in the 60s, isn't that ample proof?
Not in NYC. This was an illegal apt since the house is a registered 2 family with the 3rd occupancy downstairs from me. The area is supposed to be used by the owner, not to be rented.
tnx for reply, Well I had the city inspector over when apt. was empty and he stated now the kitchen sink & cabinets had to go, plan reviewer said sink was ok and half cabinets could stay because it cannot look like a kitchen so I could not leave it as is.
Now, what if I don't act on this...
I was cited for an illegal occupancy in my downstairs apt.( house is 2 family); 1st 2 floors are legal.
Since then I had the tenant leave and gutted out half the kitchen. Now the Building dept. wants the space brought to code which can be very expensive. The apt was built in early 1960s and...