old electrical permit issues - need to close permit in order to get C/O - opinions?
Hi there – When we bought our b’stone, there was an existing open electrical permit to move the main panel away from the spinkler line. It was never done and the permit was never closed. Obviously our lawyer or the seller’s lawyer should have found this before closing, but they didn’t and now it seems we’re screwed. We’re trying to change the C/O from SRO to 2-family and we’ve passed everything except the “check open permits” requirement – so we have to close this permit – which means (apparently) the work has to be done – which will cost us upwards of $20K. Sigh. Our architect asked a “friend” of his in the electrical inspections unit at DOB to just come and take a look at the situation, and this inspector guy basically told us that if we call for an inspection there’s a 50% chance that they’ll just pass it as-is, and a 50% chance they’ll hold us in violation. Right now, no one is knocking on our door about this open permit, and it doesn’t seem we owe any money for it or anything. I wonder, then, if we can just keep living in the place as-is with the electrical permit open and without the C/O, assuming it’s unlikely that anyone would ever know or care to do anything about it – thus saving us the 50% chance that the inspector would fail us and then *require* us to do the $20K of work (or end up paying huge fines for not doing it). Since we still have our own open Alt1 permit, though, I’m not sure that this is right – and I fear that not having the C/O may get us into trouble in the long run. So here’s my question – do we bite the bullet and order the electrical inspection, keeping our fingers crossed that the inspector just passes it as-is, and then we get the C/O and everything is perfect — but knowing full well that if he fails us, we’ll be on the hook for $20K worth of repairs. Or, do we decide that we just don’t have the $20K so we don’t want to take the risk of calling for the inspection, and instead just hope that DOB leaves us alone even without the C/O? Any opinions? Thanks so much in advance,
e
empathie00
in Dept. of Buildings (DOB) 12 years ago
5
Please log in, in order to post replies!
5 replies
empathie00 | 11 years ago
OP here…Thanks so much all, and etdav for re-opening the thread – I’d missed this response last month, sorry! We’re still stuck on this issue…in answer to the Qs above – we did check back in with ‘our’ lawyer, a horrible person who flat-out refuses to speak with us anymore (the missed open permits and violations were only the tip of the iceberg of thing he should have looked for but did not, and of course he denies any and all responsibility for anything)… So sadly, discussing with ‘our’ lawyer is not an option. We did discuss the issue with the sellers, who say it was not their responsibility b/c our lawyer should have caught it. I suppose we could sue them, but sellers live out of state now and somehow I think a lawsuit would end up costing us more time and money than the $20K of repairs. It would be a great turn of events if the permit had expired…any idea where I can check that? On DOB site it just says this: Status: I – AWAITING INSPECTION REQUEST Request Type: A – APPLICATION eFiled: NO Application Entered: 07/15/2002 Job Start Date: 06/11/2002 Last Change: 07/15/2002 Job End Date: 06/11/2002 COMPLETION FEE WAS BILLED We have no open violations on the property whatsoever. Thanks again very much!
etdav | 11 years and 1 month ago
This is a disclosure issue. IF the Seller you purchased the home from did not disclose it specifically on the Property Disclosure you have a cause of action against them. This is not something a lawyer or a title company would typically look for as there is a line specifically for it on the property disclosure. Call your Lawyer, tell him of your trouble and have the inspection done. If they try and nail you for the costs, sue the Seller. Also, most permits expire. Check to see if this one has an expiration date. If this is work that must be done and may prevent you from selling the home, then again , it should have been disclosed by the Seller. IF this was an issue that should have been repaired before the sale was even allowed to occur, then you have a cause of action against not only the Seller but the Inspector that missed it. [especially if it is a blatant health and safety issue.] Most permits expire within 6-12 months unless it was a cite for a violation that the City wants remedied. [I realize this is old but it warrants a reasonable answer and those previously given failed to acknowledged any decent recourse for the Op.]
friend_or_foe | 12 years ago
Do you have an expeditor working with you on your current work? It seems like he/she should be able to advise you on how to withdraw an existing work application especially if you’re doing something as involved as converting the CO from an SRO to a two-family. I think the last thing you want to do is not close out your Alt 1 and not get a CO. In the event that you need to sell your home or want to refi no buyer or lender is going to touch the house w/out a CO. Also as much as you would like to blame your lawyer for this oversight the truth is that they don’t really deal with the DOB issues unless they show up as ECB violations or some type of liens on the title report. An open application wouldn’t have shown up on title. My suggestion is that you push your expeditor to help you resolve this. It may be as simple as having the previous owner execute some documents withdrawing the application and contractor withdrawing the permit. Best of luck
citigyz | 12 years ago
You ask an excellent question. Obviously, you want the C/O at least for a future sale. Your architect is right about the 50/50 chance of passing as is if it is not a blatant safety hazard. However, even if you spend the money to remediate the problem, you are opening yourself to a myriad of fines on work you never even thought you needed. This is primarily to give the inspector a reason for being and fund raising for the city. I do not know about a future inspection on an open C/O change. Either way, I wish you luck. You are not alone. This is a very, very common situation.
Arkady | 12 years ago
I’d go back to your lawyer & pose the problem to him – pointing out his dereliction in not having discovered the problem before closing.