Results 1 to 9 of 9
  1. #1

    Default Can You Be Required to Remove an Unpermitted Apartment Known to the Local Government

    My question involves a consumer law issue in the State of: New York

    I purchased a 3 unit house in 2006 with a partially finished third floor as part of one of the 3 apartments. The space is identified on my appraisal. It is also identified on the tax assessment rolls for the municipality. I was issued a rental certificate in 2011 for that space. The rental program is run by the fire department but there is something I grabbed from their code:

    § 196-18. Intent and purpose.
    The Board of Trustees has determined that there exist in the Village of XXXXXXXX serious conditions arising from the rental of dwelling units that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code and other codes of the Village, that are inadequate, that pose hazards to life, limb and property of residents of Village and others, that tend to promote or encourage deterioration of the housing stock of Village and that create blight. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare, and good order of the Village will be enhanced by enactment of this article.

    Fast forward to 2015 when the building inspector says the finished area is not on file for a building permit for that space. They are telling me it needs to be removed. They will not issue rental certificates for the building at this time.

    If they have acknowledged the space and have taxed me for it and also issued a rental certificate for the same space how can they tell me it has to come out?

  2. #2
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Problem with a Local Building Department and Codes Issue

    They can tell you that because they are the authority in charge. Your question should be are they in compliance with their ordinances. Since I don't know all the facts or have read the ordinance, I can't give you an opinion.

    What you quoted:
    § 196-18. Intent and purpose.
    The Board of Trustees has determined that there exist in the Village of XXXXXXXX serious conditions arising from the rental of dwelling units that are substandard or in violation of the New York State Uniform Fire Prevention and Building Code and other codes of the Village, that are inadequate, that pose hazards to life, limb and property of residents of Village and others, that tend to promote or encourage deterioration of the housing stock of Village and that create blight. The Board finds that current Code provisions are inadequate to halt the proliferation of such conditions and that the public health, safety, welfare, and good order of the Village will be enhanced by enactment of this article.
    That is the preamble to the ordinance. That is not the ordinance itself. Perhaps if you post a link to or post the actual ordinance we can comment.

  3. #3

    Default Re: Problem with a Local Building Department and Codes Issue


  4. #4
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Problem with a Local Building Department and Codes Issue

    You said that the space in question was only partially finished right? If it was only partially finished how could a rental certificate reasonably be issued for that space? If the space is now finished can you prove that the work complies with the accepted building codes? Generally this is done by having the work permitted and inspected during the construction process. If the work was not permitted then the building department is within their rights to not issue a certificate of occupancy and to order the finish and alterations to be removed. Perhaps it's time for an attorney. There are ways to prevail in situations like this but it's unlikely. the Authority Having Jurisdiction (AHJ), in this case the building department, really has the final say and often courts are reluctant to reverse these calls as they really are about safety. Oh, and not pulling permits is a violation of the law as well.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Problem with a Local Building Department and Codes Issue

    So it seems that you had the certification in 2011 which was good for 3 years and now they have tightened up the certification by checking for valid permits to convert space into rental units. They are saying that you do not have or did not get (or your predecessor) did not get the appropriate permits to convert the space into a rental unit.

    You should go to the building department and talk to them about taking out the permits now (paying the fees) and having the inspections done by the building department to get approval.

    This is about revenue for the jurisdiction. Make no mistake about that. But they can do it and they did do it.

  6. #6

    Default Re: Problem with a Local Building Department and Codes Issue

    So what if the work was done prior to needing building permits? How does it work with grandfathering of the use? They are saying it's not allowed no matter what, no way to get approval for the space.

  7. #7
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Problem with a Local Building Department and Codes Issue

    Given the dates that you supplied I'm confident that permits were required for construction. In fact I'd bet a dozen donuts.

  8. #8
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Problem with a Local Building Department and Codes Issue

    You would have to first understand what code (fire or building) says that a third floor apt. is not allowed and for what reasons. There may be fire escape requirements. There may not be any grandfather provisions. But from what you posted, right now this is a permit issue. You were granted approval in 2011 so what has changed in the law since then. Talk to the fire and building sub code officials and find out. Until you know why you have been denied all you're are doing is guessing. And we can't do much better either.

  9. #9
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Problem with a Local Building Department and Codes Issue

    Quote Quoting Edward Rosenberg
    View Post
    So what if the work was done prior to needing building permits? How does it work with grandfathering of the use? They are saying it's not allowed no matter what, no way to get approval for the space.
    Whether or not you are "grandfathered" depends on whether the code says you are "grandfathered" or not.

    Did you find that part?

    1. Sponsored Links
       

Similar Threads

  1. Deprivation of Civil Rights: What to Do if the Local Government and Police are Assisting a Criminal Offense
    By perci in forum Civil Rights
    Replies: 3
    Last Post: 01-30-2017, 01:53 AM
  2. Land Use and Zoning: How to Get a Local Government to Properly Enforce an Ordinance
    By 302blown in forum Real Estate Ownership and Title
    Replies: 10
    Last Post: 01-18-2017, 05:57 PM
  3. Replies: 5
    Last Post: 03-06-2015, 02:14 PM
  4. Hunting and Fishing Offenses: Local Government Won't Cite a Property Owner for Hunting Violations
    By Suisse in forum Criminal Charges
    Replies: 4
    Last Post: 11-21-2013, 01:15 AM
  5. Regulations and Procedures: When Can a Local Government Compel Participation in Garbage Collection
    By medmal in forum Government Agencies
    Replies: 2
    Last Post: 12-09-2012, 08:40 PM
 
 
Sponsored Links

Legal Help, Information and Resources