[dawnistrue]

I live in a private home with a basement apartment.
I have 2 hot water heaters and 2 heating furnaces(propane heat) in MY kitchen.
Is that legal? We are totally separate yet if there is a problem they must enter my apartment. Thank you. Dawn

[ma0641]

Is this a "legal" apartment? It is in another persons house.

[joypulv]

Whenever you rent and there is a legal issue, you have to ask yourself if doing something about it is worth losing a good apartment at a reasonable rent. You might find that the apartment is illegal. There are codes about fireproofed ceilings, amount and size of windows, and access doors, mainly. Laws about letting a landlord in vary by state. Usually they are allowed in for an emergency. Otherwise, they are supposed to get advanced permission, come in during daytime hours, at a specific time, and not 'too much.'
If you like your place and don't want to rock the boat, sit down and work out what is needed and what is fair.

[Cat1864]

Dawn, we need the name of your city to be able to know what is and isn't allowed in their building and rental codes.

Is this how the apartment was set-up when you began renting or were changes made after you signed a rental agreement/moved in?

[ScottGem]

As noted laws vary by area and whether having those appliances in your kitchen is legal or note would be up to local building codes. But it is not necessarily illegal. If the accessory apartment is legal then they may very will be legal. As would the need to access your apartment.

But joy makes an important point. If its not a legal apartment, by reporting it, you could be forced to move.

[ballengerb1]

Hard to tell but should we assume you are the renter and are you on the fiest floor or the basement? Is there an outside entrance to the basement or a large eggress window that a fully equipped fireman could come through? If not the basement is likely illegal.

[dawnistrue]

I rent the basement apt. and the both mine and the tenant upstairs have separate hot water heaters and heating systems (propane). They are BOTH in MY kitchen. Is that legal? I was under the impression their units should be outside my living space. Thank you.

[ScottGem]

I rent the basement apt. and the both mine and the tenant upstairs have separate hot water heaters and heating systems (propane). They are BOTH in MY kitchen. Is that legal? I was under the impression their units should be outside my living space. Thank you.

What gives you that impression? Did you read your other answers? We can't tell you what your local laws are. And, again, what do you want to do about it?

[ballengerb1]

Please answer my question in post 6

[dawnistrue]

I rent the basement apartment in MONROE,NY of a house. Although it is a basement, the home is built on a hill so I have a ground level front door. Upstairs tenants drive uphill and have also a ground level entrance. All of my windows are almost at ground level as a basement window would be. Very small also. Perhaps 2 x 3 ft. I was told by the propane co.that the units should be in each apt. if they are separate.?

[ballengerb1]

So are you then subletting the upstairs? Propane company does not set the rules, your local building department does that so ask them. Sounds like you are trying to get out of your lease, is that the case?

[joypulv]

She's renting the ground floor, half underground. Other tenants are renting the rest of the house above.
We answered your question as well as it can be answered. To try to summarize, you have two issues: one is whether the house is zoned for two apartments, and the other is whether your apartment meets local building codes.
You can go to town zoning about the right to have 2 apartments. You can go to the town building inspector about the codes for where furnaces and water heaters have to go.
I have a feeling that one or both departments will find something illegal/not to code.
But the big question remains: do you want to get out of your lease? Because chances are the town will force you out. The owner may be willing to move them, he might not. I'm 99% sure that the furnaces alone have to be in a separate room not used for living.

[dawnistrue]

Thank you so much for all your information. I have several other issues here as well and just wanted info. On that too. I am moving and not trying to get out of lease which ends in March.

[ScottGem]

OK so your lease is up soon. Monroe is in Sullivan County correct? I'm not sure if Monroe would have its own building codes or whether the county would cover it.

I'm guessing here, that you want to get the landlord in trouble, but only after you move out. If that's the case, then check with the applicable building dept and report it.

[dawnistrue]

Actually, Monroe is Orange County, NY. But your input would most likely be the same. Thank you.

[ma0641]

There are tons of condos and townhouses with the heater and HW heater inside the living area, hallway or kitchen, I see them all the time.

[dawnistrue]

Yes... I know there are tons of condos,etc... with units inside but NOT someone else's heating units in MY apt. That is my point. Thank you.

[ballengerb1]

Dawn, you apparently gave me a negative rating because you thought I was rude. I asked you to ask your local building department since you live in NY and we do not, how is that rude I ask. Everyone was trying to help you, up to this point. We have been playing detective to find out what exatly was your point in asking the question and you have been a bit evasive. I aasked if you were trying to get out of your lease pretty much like a few others. And we still do not know what is your point. Scott guessed you might want to get your landlord into trouble after you move out. Is he being rude too?

[dawnistrue]

Listen,
My son was just killed in a head on collision with a tractor trailor. Excuse me if my explanation is not understandable to you. I thought I made myself clear but obviously you want to argue with me. I asked a simple question and am very upset you are acting like I want to "get out of the lease" or cause trouble. I am dying inside right now so please do not respond if you are not going to be helpful.

[ballengerb1]

I am sorry about your son, none of us knew. The part about getting out of the lease was simply a question. A great majority of questions here at amhd regarding defective or illegal home are asked by persons wishing to get out of their lease due to the defect.

Zoning and building codes vary from town to town. Your local building and zoning department could give you the most definitive answer.