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Bought a house as a two fam. Zoning initially comes back as two and then changes their mind to a one fam.

S

SlipOnPoop

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Jun 22, 2021
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3
Location
NJ
Few years ago, I purchased a property as a two family and obtained all the certifications from the city. Property even has multiple meters of all herbs and spices.

When I tried selling it a a few months ago, my attorney and I were on the phone asking why the city wouldn't release the new code compliance certificate (after all inspections passed). During that call, zoning verbally said the property was a two family. I can get a statement from the attorney that he heard the same.

I guess I made enough noise because the city sent their director of code compliance to my house to check up on what kind of illegal stuff I was pulling. Nothing ever came out of it.

Now I am being told by zoning that I need to go through the whole process of submitting plans to convert the house into a two fam. That is the easy part! The hard part is that electrical and plumbing inspectors, strangely building isn't bothering a lot, want to tear the whole house apart before they will approve any plans.

I've gone through multiple attorneys. Some don't know what they are doing, some are asking for a ton of funds thinking that I need a variance (I do not). Others give conflicting information.

Has anyone gone through this?
 
Do you know about what year it was converted to a two family?

I think I would walk into city hall,,
Do an open records request for

Any plans at that address

Any permits

Any inspections

Any certificates

Any

See what you get

See if it helps your argument

Suggest than set down with the Directors boss and see if you get anywhere

Kind of last go through their appeals process

Seems like something is missing
 
cda said:
Do you know about what year it was converted to a two family?

I think I would walk into city hall,,
Do an open records request for

Any plans at that address

Any permits

Any inspections

Any certificates

Any

See what you get

See if it helps your argument

Suggest than set down with the Directors boss and see if you get anywhere

Kind of last go through their appeals process

Seems like something is missing
Click to expand...
Over here its called an OPRA. I did all of that.

Tax Assessor came back as a two fam.
All documents, with the exception of a new zoning letter, came back as a two family.

Hell I even have the "meter set" approvals from the local utility stating that they approved the multiple meter installation. Which means they must have achieved some sort of approval from the city.
 
Sounds like to up the chain,,, till you find intelligent life.

About what year was it converted to two family?
 
Oldest thing I can potentially prove is 1997? Which is when they installed the meters.

Man I've gone up and down the chain. Dealing with city officials is like playing a game of how far someone can kick the can.
 
Has it been rented out to two families before you bought it??

Have you rented it out to two families since you bought it, or lived in it by yourself as a one family??
 
The case law in Canada (your mileage may vary) is that is a property is known to be a certain use by a department of the government, it is reasonable that all departments would know that use. The impact of this in my municipality is that we found a lot of people who illegally converted from a single dwelling unit building to a two dwelling unit building. At the time, all we did was make sure they are paying the appropriate sewerage rates for a two dwelling unit building. On the building inspection side, nothing was done (zoning permits both single and two dwelling unit buildings). But, because our town knew about the conversion, and have know for longer than the deadline for enforcement (6 months from when we find out), I can't do anything on the building inspection side.

So, if you are being billed by the municipality for anything (taxes, municipal utilities, etc.) as a two dwelling unit building, they knew you were a two dwelling unit building. It doesn't matter that a particular department didn't know, The government agency is responsible to pass information internally. At least that is how it is here.
 
2018 IRCR102.7 Existing structures.
The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Property Maintenance Code or the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public.

R102.7.1 Additions, alterations or repairs.
Additions, alterations or repairs to any structure shall conform to the requirements for a new structure without requiring the existing structure to comply with the requirements of this code, unless otherwise stated. Additions, alterations, repairs and relocations shall not cause an existing structure to become unsafe or adversely affect the performance of the building.

Except for requiring smoke and CO detectors I do not see where the building department can require you to do anything. You have a 24 year history of the use existing with no general safety and welfare concerns from the occupants.
 
In California we have title companies that shepherd the real estate transaction through an escrow. If a duplex was sold as a legal duplex when in fact it was a legal SFD there would be a title company in trouble.

As far as the government screwing up. The legal documents generally state that approval of or permission granted to any project or individual does not waive the requirement to obey all other laws and regulations. That's a catchall to cover mistakes. You don't get to take advantage of the government's mistakes.
 
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Did you have any? Is building on a single lot? What do county accessor maps show? If converted to a duplex their records should have a date.
 
tmurray said:
The case law in Canada (your mileage may vary) is that is a property is known to be a certain use by a department of the government, it is reasonable that all departments would know that use. The impact of this in my municipality is that we found a lot of people who illegally converted from a single dwelling unit building to a two dwelling unit building. At the time, all we did was make sure they are paying the appropriate sewerage rates for a two dwelling unit building. On the building inspection side, nothing was done (zoning permits both single and two dwelling unit buildings). But, because our town knew about the conversion, and have know for longer than the deadline for enforcement (6 months from when we find out), I can't do anything on the building inspection side.

So, if you are being billed by the municipality for anything (taxes, municipal utilities, etc.) as a two dwelling unit building, they knew you were a two dwelling unit building. It doesn't matter that a particular department didn't know, The government agency is responsible to pass information internally. At least that is how it is here.
Click to expand...
Where I work all the utilities including sewer are private companies and are not obligated to share info like this with the local government.
 
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