Advise on Owner Occupancy for FHA loan

[Account Closed]

Hello all! I have a question about the owner occupancy clause of an FHA-backed loan. I am looking to use an FHA loan to finance the purchase of a great Triplex that I found in Rhode Island. I currently live and work in NY. I would be moving into one of the units (currently vacant) and renting out the remaining two. I have a job that enables me to work remote, so I will not be seeking employment in Rhode Island. My significant other and most of my friends live in NY. I would change my mailing address and my drivers license to the unit in Rhode Island, as well as car insurance.I would also change my address to the unit tax-wise/employment.I also would be paying utilities on the unit and would set up internet, etc for myself. Also I would under no circumstances rent out that unit or anything of the sort (like seeking profit for short term rentals or AirBnB). Its just that I probably would not be spending 7 days a week in Rhode Island.

Am I violating owner occupancy clause if I am only there 3-4 days of the week, and spend the rest of my time in NY?

My job enables remote work, but occasionally it requires me to be present in office and it is more convenient to stay at my significant other's place when that happens. The reason I am moving to Rhode Island in the first place as well is because my partner and I really enjoy it here and she is most likely going to move in with me there sometime in the future, either when I can work remotely 100% or if I find a suitable job in Rhode Island.

 Any thoughts or advice? 

[Anthony Thompson]

@Account Closed I'm not an attorney, but my sincere belief is that if your car is registered there, your driver's license has that address, your car insurance lists that as a primary residence, your tax return lists it as your primary residence (and you pay taxes as such), you've definitely established it as owner occupied in my mind.

As long as you're making a good faith effort to make RI your primary residence, and not telling two different states (NY and RI) that each is your primary residence, I personally think you're fine, and I especially think in the real world you're fine.

I think for consumers you'd have to have an egregious/obvious violation (like claiming primary residence in both of two different states, or never living in any of the units at all), and I honestly don't think it would ever be an issue unless 1) you actively tried to deceive the lender and 2) you ended up defaulting on the loan.

It's a good question for your attorney, but if I were you I personally would not be concerned.