Legal Advice on Owner Occupied MultiFamily

[Christopher Mayer]

I am a NJ investor, relatively green, and am looking for guidance. Is it legal, as the owner, to occupy a renovated attic space in a multi family property that is not a classified as a unit? 

Both classified units have been renovated and I am looking to have tenants. There is an additional bonus space in the attic complete with bathroom and kitchen. All utilities for the bonus space are separated on the house meters. I was lead to believe that this type of set up was legal, however I would like to confirm whether or not the situation is legal. 

Please advise....

[Kevin Hill]

I am not an attorney, but this is not legal. You need a certificate of occupancy for each legal unit.

I had a client, who was living in his basement of a 2 family home he owned in Bergen County. It had a kitchen, bedroom, full bath, and it’s own entrance. However it wasn’t a legal unit.

He had issues with his first floor tenant over late payments and noise. The tenant reported him to the town for living in the basement and the town ordered him to vacate the basement. He had to go live with his mother.

Certain towns seem to overlook illegal units, but I would never recommend it.