Legal 2 flat zoning help! Chicago

[Farney Ruiz]

Good afternoon! Im currently under contract with our first investment/house hacking property and we have come to a small halt. The property we are looking to buy seems to have had an addition added to the top making it a two flat back in 2004. Although the owners never rented the top unit out nor made adjustments (permits) since the addition, we are now confused as to whether it is a legal two flat or just a large single family with separate entrances. The owner was able to provide a certificate of zoning from the city of chicago which does state that it is a 2 flat. So my question is if this is all that we need to ensure it is a legal two flat? I’m a first time home buyer so I honestly have no clue. After I purchase the property the last thing I want to Find out by the city building inspectors is that they can’t issue me permits to rehab since it is not legal. My lawyer is now requesting the owners to provide a variant for the addition but I don’t know if it’s necessary. Any help will be greatly appreciated!! 

[Hemang S.]

It would be best to check if the zoning certificate is recent. I was under contract for a 3 unit, but when the seller requested the zoning certificate, the building and zoning department of Chicago backtracked their 2014 certificate (which clearly stated it was a legal 3) and said it was only a legal 2 unit with an additional commercial space. I've heard this has happened a handful of times in the last 6 months- the city of chicago seems to be changing the zoning for properties that weren't upzoned in the proper way and with all the proper documentation.

Maybe @Samuel Pavlovcik or @Prashanth Mahakali can give you some guidance.