Tenant just moved in and building enclosed office in apartment before BHI Inspection

[Timothy Heck]

Hello,  

I have just rented a residential apartment to my downstairs commercial tenant, he had advised he wanted a pt apartment and office for his business.  I had asked if he would have customers come to the office, he said only staff.

A few weeks into his tenancy I go back in to get some of my supplies I left from renovations (we had evicted a hoarder and it was very expensive to turn around).  I have found a wall built between the dining and living room with a windowed office door.  This is a 3 unit mixed use building and BHI will be back for their re-inspection for the 3 yr anniversary for NJ.  

Would this fly you think with the inspector?  They seem to look at life safety and quality issues but I have never dealt with this specifically.  

If you don't think it will fly have you gone through it?  What was the outcome?  I don't think trying to get a variance/permit would make sense as this is a residential apartment, there is a large loft upstairs that I assumed he would use.  He is a good commercial tenant so I don't want to go to war, but I'm a part time landlord and don't need a large time commitment on something that may not work.

This is in Linden NJ.

[Kevin Sobilo]

@Timothy Heck, why do you think a variance would be needed? It sounds like a mixed use building to begin with. So, all you have done is convert some of the residential space into commercial. So, its still a mixed use building.

Also, a wall and windowed door might not be a good aesthetic choice for a residential unit but it would not make it unlivable as a residential unit. So, I don't imagine it being an issue any which way.