Check out some similar questions!

doris a · May 11, 2009, 10:17 AM

My family owns a home in Hudson County NJ. In the state records the house is listed as a 3 family, yet with the town it is listed as a 2 family. Inspectors have come twice in the 10+ yrs living here. On the last visit he said that one of the apartment was illegal and the kitchen had to be taken down and a fine was imposed. The funny thing is that on the first visit nothing was said of the ground floor apartment (it's not a basement apartment) and it was even occupied at the time.
I can't understand why we are being singled out when there are 7 other identical homes who's ground floor apartments are being lived in or rented out. I would love to know what recourse we have being that we have lost a lot of money by the lack of rental income.

JudyKayTee · May 11, 2009, 10:22 AM

Is the set up legal or illegal according to Town/City law?

Why you are singled out doesn't matter if it is illegal UNLESS you can prove some sort of discrimination or retaliation.

You cannot profit from an illegal unit so your lost money - if it is illegal - does not matter.

excon · May 11, 2009, 10:51 AM

Originally Posted by doris a

I would love to know what recourse we have being that we have lost a lot of money by the lack of rental income.

Hello d:

If you have ANY recourse at all, you're only going to get it through the services of a good real estate attorney. If you're not breaking the law, he can probably get you an occupation permit too.

In answer to your unasked question, I don't know why bureaucrats do what they do.

excon

doris a · May 11, 2009, 10:52 AM

Thank you for your answer JudyKayTee.

Although I am not sure what you mean by how the apartment is set up, I do know that the all the houses were built with a full, ground floor apartments. Neither me or any of the previous owners of my home did anything to that apartment. And from what I've seen in the some of the other ground floor apartments, they all have the same kitchen cabinetry I had.

JudyKayTee · May 11, 2009, 11:12 AM

Originally Posted by doris a

Thank you for your answer JudyKayTee.

Although I am not sure what you mean by how the apartment is set up, I do know that the all the houses were built with a full, ground floor apartments. Neither me or any of the previous owners of my home did anything to that apartment. And from what I've seen in the some of the other ground floor apartments, they all have the same kitchen cabinetry I had.

Sometimes, for example, an apartment is modified - adding outside stairs - and that changes the configuration.

If it's always been the same, all the others are the same, I have no idea why you are singled out.

I agree with excon - get an Attorney and find out why.

ScottGem · May 11, 2009, 11:28 AM

You can probably appeal the inspector's finding. The problem I see is that if you cite the other homes as justification and they are also illegal, they will not love you.

I agree that you need an attorney to advise on the appeal.