Multi-Family and Apartment Investing
Market News & Data
General Info
Real Estate Strategies
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/hospitable-deef083b895516ce26951b0ca48cf8f170861d742d4a4cb6cf5d19396b5eaac6.png)
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_trust-2bcce80d03411a9e99a3cbcf4201c034562e18a3fc6eecd3fd22ecd5350c3aa5.avif)
![](http://bpimg.biggerpockets.com/assets/forums/sponsors/equity_1031_exchange-96bbcda3f8ad2d724c0ac759709c7e295979badd52e428240d6eaad5c8eff385.avif)
Real Estate Classifieds
Reviews & Feedback
Updated over 5 years ago on . Most recent reply
![Ruchi Patel's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1081119/1696392467-avatar-ruchip.jpg?twic=v1/output=image/cover=128x128&v=2)
JC Heights Multi family with extra apartment units
Hi, i have noticed almost all 2 family zoned houses have an extra unit that is above ground and is in a perfect livable condition with windows, proper living space, smoke alarms, etc. My question is because the house is zoned as a 2 family can you legally rent out the third unit, remember the unit is above ground with proper ventilation and unto the code. What is the process to make sure it can be rented out legally? Do you just remove the gas range/line? Or get a green card from the state of NJ? What are some of the options?
Most Popular Reply
![Jessica Zolotorofe's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/670132/1694553274-avatar-jessicaz2.jpg?twic=v1/output=image/crop=651x651@22x186/cover=128x128&v=2)
They do it illegally... it's a gamble, especially because the heights has some very nosy neighbors and the city has apps that make it exceptionally easy to report these things with a few clicks. Also, if you end up having to evict a tenant from that apartment, it's an extra pain if the apartment wasn't legal to begin with. Plus, may be hard to get a CO if you have an extra apartment. The zoning is a totally separate from the State green card issue, and also important. You can probably convert to a 3 family (check and see if there are any other 3 families permitted on the street- the tax records will tell you) but it will likely require a lawyer and a decent amount of time and money. They don't make it easy!