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July 11, 2006
legal vs. illegal construction?
my husband and i are in the process of purchasing a large 7 bedroom freestanding home in brooklyn. it was built in 1901 so it does not have a c of o. but is not in a single-family zone.
we would like to rent out three of the bedrooms in the house, and put in a small kitchen for those bedrooms on the third floor. additionally, there is also a full basement with separate entrance we want to renovate and rent. the basement needs everything, walls, kitchen, bath, larger windows, proper stair...but the rest of the house is in move in condition.
we are completely new to owning a home and being landlords, and would like to do all of this legally, but are getting intimidated by the details of codes, permits, approval process, fees, and time it takes to do everything legally. we've also heard that a few of the neighbors rent rooms in their homes to students at a college near by with no trouble. however, i understand if there is a complaint, an inspection might be demanded, and the penalties of doing all the work without permits and the c of o and etc are in the many thousands...and increase daily until corrected.
does anyone have advice on the legal vs. legal situation we are in? especially advice on how to do these two things: a 3rd floor kitchen, and renovate full basement, LEGALLY, but quickly and efficiently?
thanks in advance for your insights!
Comments
If you have 3 kitchens I think they will see it as a 3 family. IF they see it as a three family then the code changes alot from a 2 family. 3 or more means you need a fire escape or sprinkler system, enclosed boiler/ water heater room to name two. Renting rooms out is probably ok if you share the kitchen. I am not an expert, but I know the difference between 3 and 2 family from personal experience. You should always file a BIG job (like new kitchens where there weren't ones or new bathrooms). When you move bathroom/kitchen locations that is a big deal when it comes the city code and standards. You should get an architect and go over what your options are and have them file any and all permits you think you need.
Posted by: TomPLG at July 11, 2006 1:40 PM
I would also suggest speaking with an architect. We have 5 kitchens, but there wasn't any question of it being a 5-family - we were told we'd need a 5th full bathroom too for that to be questioned. I'm not promising that's true, that's just what we were told.
I also don't know how deep your basement is, but it may not be possible to make it a legal aparment if it is more than 50% underground and doesn't have at least two exits.
Renting out rooms should be fine if you are sharing living areas/kitchen/etc. That would be like taking on a roommate. If you are adding a kitchen on a separate floor, then it could probably be viewed as a separate apartment.
You may not have a C-of-O (we don't either), but what did your title search say the house was supposed to be? Changing to a 3-family may increase your taxes quite a bit. . .
Posted by: HC at July 11, 2006 3:09 PM
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