Is my home legally a duplex or single family residence?

Question

I bought a home that was built in the 1870s. When I went to close on it, I was surprised to find that my home has 2 legal addresses. I was told by the attorney not to worry about it. Shortly after moving in, I received a letter from someone in the family who detailed how it was converted to a duplex during the Great depression. When I got my utility statement from the town, there were two different bills for two different meters and addresses. The tax assessor says that my town is transmitting two different addresses and thinks it is a duplex. My town says they changed the zoning to single family 10 years ago. Does the zoning change what it is considered? Each part of the house has a main entrance on a different side of the home. the previous owner lived in it as a single family home but each dwelling can be separated by a single door and utility services are separate and go to two different addresses. The recording at closing gives two addresses for the property. I thought it was a SFR. but maybe it is a duplex legally. How do I know for certain?

James Mc Ree · Answer

Call your town's zoning office and ask how they have it recorded. Zoning can be SFR for the area, but that doesn't change existing uses. It can be an existing non-conforming property. That means it is a duplex. It also means a headache if you want to do anything that expands the use outside. You will need a variance for that because the use of the property (duplex) does not conform to the property zoning (SFR). Other than that, you should be fine.

You probably lose your existing non-conforming designation if you remove the door separating the 2 units to create an SFR. You will be considered to have abandoned the duplex use.

You probably lose your existing non-conforming designation if you remove the door separating the 2 units to create an SFR.  You will be considered to have abandoned the duplex use.

Michael Lee · Answer

Hello Colleen!  Sometimes the left hand does know what the right is doing.  It's my personal opinion your possession counts on what the building permit department shows.  There may not have a permit that shows the duplex being applied for to make a SFR.

There may not have a permit showing it was applied for but what you have seen must must have been a clue.  The zoning change may only effect the building permits given since it was passed.

There may also effect you negatively on what was done previously without a permit and apply to additional items required that are a part of that new zoning law requires.

The possible costs may be paid by the seller to you that they might have known but did not tell you.  I am afraid that the new possible solution given previously will not help you.  I think the city building permit department may have to be who helps you.

Good luck to you!

Chris Mason · Answer

For a wonky scenario like this, there is not going to be a cut and dry single answer. It's going to depend on who you are asking, and there will not be consistency. Are you asking...

- An appraiser and/or the mortgage industry?

- Your town?

- The county?

- The market how much it will pay for it?

- A renter how much they will pay in rent for it?

- A judge, during a dispute with a tenant?

- The IRS?

There are times when you can be a first time homebuyer, and not a first time homebuyer, depending on if you are asking your Realtor, a mortgage person like me, or the IRS. If your uncle a state away added you to title of a single family rental property in that state, a property that you have never lived in or put a down payment on, then you are NOT a first time buyer according to the mortgage industry, but you ARE a first time buyer as far as the IRS is concerned. This is like that.

Another example. Is pizza a vegetable? Not if you ask me, or your family doctor. But if you ask Congress (the people we are trusting to help sort this whole COVID-19 recession out...), the answer is yes.

James Mc Ree · Answer

The zoning can be SFR, but if it was a duplex prior to zoning and still is a duplex, then it is likely considered an existing non-conforming duplex.  That means it is a duplex.  This is the conversation to have with the zoning office.  You may need an attorney.  You should decide what you want it to be prior to that conversation so you know if you are agreeing or not when you hear the answer.

The town is answering correctly if you ask, "What is the zoning of my property?"  Try this one: "Is my property considered an existing non-conforming duplex in the SFR zoning?"  Be prepared to cite why you think it is a duple if that is what you want (2 addresses, 2 doors corresponding to addresses, 2 kitchens, interior door separating the units, history of being treated as 2 properties).  Check the tax records too.  They would show SFR or duplex/multifamily.

Towns vary on variance requirements with non-conforming properties.  That is another reason to consult an attorney.  In PA, you need a variance to expand the use of an existing non-conforming property.  Examples of expanding the use include adding an addition or pool, building a shed, adding/expanding a driveway, etc.  This might not be a consideration now, but in 5-10 years when you want to do something....  An SFR would not require a variance for these changes if they otherwise fit within the zoning.

Colleen Doonan · Answer

Hi James.  I followed what you said up until you said “if you want expand the use outside.”  could you explain a little more please.   the town told me it is zoned single family, does that define what it is legally considered?

Is my home legally a duplex or single family residence?

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