HUD inspections and possibly illegal bathrooms
Someone filed a complaint against my new house with the housing Dept citing “illegal renovation” . In reality, we have only been painting and decorating and nothing illegal is going on. It’s a legal two family with 2nd floor rental. HUD wants access to inspect the house. What worries me is the basement bathroom. When…
Someone filed a complaint against my new house with the housing Dept citing “illegal renovation” . In reality, we have only been painting and decorating and nothing illegal is going on. It’s a legal two family with 2nd floor rental. HUD wants access to inspect the house. What worries me is the basement bathroom. When we purchased the house the basement bathroom came with a shower, sink, and toilet which I understand is technically not allowed. We are not going to rent out the basement. When we let HUD come take a look, are they going to hold this bathroom against us and fine us? It’s obviously over 20 years old. and the bank didn’t bat an eye when they inspected.. Anyone have any insight? Thank you!
Found out this morning they dropped the complaint 🙂
Thanks for all the info, everyone!
One and two family houses are considered private property and just like the police cannot enter you house without a warrant neither can HUD ot DOB. Anyone can call and file a complaint but they cannot write you a violation unless they see the actual condition. Just refuse entry. I have never seen DOB or HUD execute a warrant on a one or two family house for a routine complaint.
Joseph Pasaturo PE
AVT Engineering.
DOB applies for a very small number of warrants because they have a much easier route. If they can justify why they feel there is imminent danger, they can call the fire department. The fire department, if they agree that there is a need for immediate action can enter without a warrant. Doesn’t happen all that often, but it is an option. They also need to justify why they did it, it can’t be something as simple as a neighbors phone call.
But don’t forget most DOB inspectors are regular working joes who aren’t looking to bust chops just to bust chops. If you refuse them entry, do it as nicely as possible, and they’ll usually understand. Many a homeowner has created a situation that didn’t need to happen, and if the inspector takes it personally, the homeowner is going to lose.
They will make two attempts to “gain entrance” and then close out the complaint. Check the complaint status here. http://www.nyc.gov/html/dob/html/bis/bis.shtml
Sounds like they have already came by twice. Are there two separate complaint numbers on the LS-4 papers?
DOB has used warrants to gain entry in less than 1% of all cases. Something like 60% to 80% of all inspector visits result in no access.
DOB not HUD, sorry…
They have given me two “please let us in to inspect’ letters. How long can you delay them for? Just force them to get a warrant? I resent getting harassed by them.
Thanks for the responses, guys
I was doing some minor work when a neighbor ratted me out too to DOB. They said i was doing structural work without a permit and i didnt let them in for several months. I told them i did tile work and sheetrock but did not move or change any walls and they then said they wanted to check to see if it was an illegal three family ( legal two) i let them in and nothing became of it.They did not check the basement.
I know a guy who was there working on his house when DOB came knocking and they shut him down and had him in court over a year, His house was a rental property and he had to pay mortgage etc that entire time yet couldnt even enter the place to do anything
Do you mean HPD? Housing Presevation and Development?
You can check your property here.
http://www.nyc.gov/html/hpd/html/home/home.shtml
It has been my experience that you don’t have to let anyone in without a warrant. The inspectors are obligated to follow up on all complaints. Your bathroom could cause the inspectors to find some violation of the multiple dwelling law… two family being used as a three family… Who really knows.
HUD or DOB??? Don’t let them in.
HUD or DoB? You don’t have to give the DoB access to your house. If they knock again, just say what you are doing — ie, painting, etc — and refuse to admit them.