Violation for illegal occupancy

Burt

New Member
Jurisdiction
New York
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 should not be subject to energy codes as I was told; is this true? What other options are there?
Can the house be sold with a violation on it ?
 
Here's the thing. Had you left it alone after the tenant moved out and just used it as a basement for your own use, you probably would have been OK.

But you started major alterations (gutted the kitchen). Now you are subject to the current code requirements.

Apparently whoever told you that you should not be subject to the code was wrong.

Did you read the building code?

As for selling the house with the violation, sure. Anybody with cash can buy whatever they want in whatever condition the house is in. Mortgages, not so much, as many mortgage companies might not lend as long as the violation exists.That would limit your ability to sell without substantially lowering your price.

Options? Beats me. Discuss that with the building department. Best to visit and talk personally with some one in planning and permits who may review the codes with you and provide copies of the appropriate sections.
 
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 should not be subject to energy codes as I was told; is this true? What other options are there?
Can the house be sold with a violation on it ?
Could you please clarify some things for me?

Is this in NYC?
Is the "downstairs apartment" an illegal basement apartment or were you referring to the 1st floor apartment?
Is there a zoning issue?
 
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 violation, and do I have any legal recourse?
 
Could you please clarify some things for me?

Is this in NYC?
Is the "downstairs apartment" an illegal basement apartment or were you referring to the 1st floor apartment?
Is there a zoning issue?
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.
 
Now, what if I don't act on this violation, and do I have any legal recourse?

That's a question to be asked of the inspector or city plan reviewer. You've removed the occupant. What happens if you leave the basement as is?

You could be fined, maybe more than once if non-compliance continues and you may end up with a lien on your house.

Speculating there.
 
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?
 
What about an affidavit from the one who lived there in the 60s, isn't that ample proof?

Why ask me? Ask the plan reviewer. It would be up to him.

What you're asking, I think, is if the basement was configured and used as an apartment before the codes changed it would not require a code upgrade?

That's possible.
 
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 will not in this case.
 
An affidavit is accepted in court as evidence

Unlikely in your case. Anybody can write an affidavit. The city planner would have the right to insist that the affiant appear in court, testify, and provide his own evidence of occupancy.

You'll have to decide which is less costly, doing the code upgrades or going to court.
 
The apt was built in early 1960s and should not be subject to energy codes as I was told; is this true?

Were told by whom? What "energy codes" are you talking about? Where in the State of New York is this place located?

Can the house be sold with a violation on it ?

What do you mean when you say the house has "a violation on it"? You said you were cited. Did you pay the citation? If so, why do you think the violation for which you were cited is "on" the house?
 
Were told by whom? What "energy codes" are you talking about? Where in the State of New York is this place located?



What do you mean when you say the house has "a violation on it"? You said you were cited. Did you pay the citation? If so, why do you think the violation for which you were cited is "on" the house?
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 have 2 choices: gut the entire area or "legalize" it, which means upgrades must be done to bring the finished basement up to code.
 
Let's go back to your original questions.

The apt was built in early 1960s and should not be subject to energy codes as I was told; is this true?

Unfortunately, you didn't answer the questions I asked relative to this question. I'd suggest you consult with a local attorney.

Can the house be sold with a violation on it ?

Sure, if you can find a buyer willing to buy it and the two of you can agree on a price. You'll almost certainly be legally obligated to disclose the unpermitted basement, and that will likely impact the sale price.
 
Let's go back to your original questions.



Unfortunately, you didn't answer the questions I asked relative to this question. I'd suggest you consult with a local attorney.



Sure, if you can find a buyer willing to buy it and the two of you can agree on a price. You'll almost certainly be legally obligated to disclose the unpermitted basement, and that will likely impact the sale price.
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.
 
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.

"I was told" = the most dangerous phrase in the English language.

I suggest you go back to that "expert" and have him show you where there is such an exemption in the codes. Then read it for yourself.
 
"I was told" = the most dangerous phrase in the English language.

I suggest you go back to that "expert" and have him show you where there is such an exemption in the codes. Then read it for yourself.
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.
 
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