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Updated about 2 months ago on . Most recent reply

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Kiran Lanka
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Can we get retroactive permits for unauthorized conversions by previous owner

Kiran Lanka
Posted

Hi,

We bought a 6 unit multi family. The seller showed a letter from the previous Building inspector stating that there are no coding violations and that all the 6 units have certificates of occupancy. So, we bought the property 2 years ago, based on the valuation of the property considering income from 6 units.

The sale deeds (from 2018- 3 sales) I could get from the City and the property tax statements (2023,2024) show that the property is zoned as 411 (apartments).

After the sale, the new building inspector says that the property is not Zoned for 6 residential units, and the 2 units on the first floor were converted from Assembly A occupancy to 2 Residential units without permits and permission from the city. He did an inspection and said there are some coding violations too. He says that the 2 units on first floor would be considered illegal and that there were never any certificates of occupancy given for these 2 units and that he would issue an ORDER TO VACATE and placarded Unsafe for Human Occupancy in 3 months. It would cost a lot to get the planning approval and do a complete renovation of the 2 units.

Can anyone suggest what would be my options at this point?

How long does the city keep the permits? If these units were converted several years ago with permits, is it possible that the permits are not available with the city anymore?

Can we apply for retroactive permits to make these units legal?

Can we change these units back to commercial / office space?

Is it better to get a lawyer involved?

Can you please give your suggestions; Thank you.

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