Accessory Dwelling Uni versus Duplex

[Bobby Vicario]

Hello,

I’ve been looking into duplexes to buy as my first property. My plan is to live in one unit and rent the other. The problem in my area (Philadelphia suburbs in New Jersey) is that these duplexes do not last long if they’re in decent shape. I think there’s so big money in the area buying them up (one last week went under contract in one day).

I’m starting to turn my attention to units with ADUs or in-law suites. Hoping this will provide the same benefit but with less competition. Correct me if I’m wrong but it seems that in most areas as long as the owner of the property lives in one unit, they can rent the other. But if they move out, they can’t rent to two separate tenants. 

I found a property that has been used as a duplex for 30 years but it isn't a legal duplex and the township is cracking down. I emailed the zoning officer to see if it could be used as a single family and an ADU and his response was:

“Town” does not distinguish between an in-law suite and a multi-family. Sorry.

My question is, has anyone ever seen a situation like this? A multi-family and an ADU are very different properties that I feel like a township should differentiate. It seems to me the zoning officer doesn't want to be bothered. Apparently, the current owner has gotten a lawyer involved but hasn't gotten anywhere.

Obviously I don’t want to spend to much time on this since I do not own the property. But I don’t want to let this slip away if it’s a diamond in the rough. 

Thanks,

Bob Vicario