All Forum Posts by: Jared W Smith

Quote from @Crystal Smith:

Quote from @Jared W Smith:

Quote from @Crystal Smith:

Quote from @Brandon Campbell:

I'm under contract to buy some distressed properties on the south side of chicago. Every property has a city of chicago municipal lien on them from violations from up to a year ago to many years ago. Our goal is once we buy these properties we will be looking to renovate them. Does anyone have any experience of getting liens released and not paying the fines or pay pennies on the dollar of the fines because they renovated the property made the properties in livable condition?

Secondly, does anyone have a point of contact that I can talk to with the city government to talk with them to let them know what my plans are and figure out a resolution for these code violations. I would assume they won't release any of the liens until the work is done on the property that mediates the condtion for them getting the liens in the first place, but I would feel alot more comfortable talking with somebody who understands I'm just buying the property and will do right by cleaning up these houses but don't want to get penalized for something that the previous buyers did.

Thank you in advance

We have experience dealing with the city.  The bottom line is as follows:  The city is not going to negotiate with you on not paying fines or paying pennies on the dollar for fines.  That's not a thing.  You need to figure that into the cost of doing business and your offer to the seller. 

Regarding the code violations, you need to hire a contractor familiar with working with the city.  Potentially a self-certified architect.  Develop a scope of work with the contractor to include the code violations.  Get the appropriate permits and have an attorney ready to go to court to get the liens released once the work is complete and approved.  There are no shortcuts. 

If there's a demo order on the building then you should submit your approved renovation plan to the court to delay the demo.  

I'd advise getting a local Architect knowledgable on the area and Building Dept. processes with violation. 

Most, if not all, Building Departments across the country will not allow an Architect to self certify work related to violations/non-conforming/non-permitted construction work. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

 I was not recommending an architect to self-certify the work. In the Chicago market self-certified architect drawings get approved on average must faster than those who are not. That's our local experience.

You may have the wrong understanding of what self certification means. What you said is one in the same. NYC and many other larger cities have this process as you mentioned to speed up filings. I have self certified several projects personally for my firm. The Architect has a large increase in liability and responsibility since the time saved is usually due to an expedited filing process where the City does not do a full review or any at all.

Therefore my saying the Architect needs to self-certify the work.. I meant the Construction Documents/drawings, filing and permit process. This is where things go astray. Construction under violation is under extra scrutiny by the City and requires additional steps to remedy. They want to know that it’s done correctly (typically with a standard review). My professional advisement is to check with the City as I don’t believe they will allow self-certification due to the given violations. Very dependent on type and quantity of violations plus building & construction type.   They should call the office to confirm applicability. 

Quote from @Crystal Smith:

Quote from @Brandon Campbell:

I'm under contract to buy some distressed properties on the south side of chicago. Every property has a city of chicago municipal lien on them from violations from up to a year ago to many years ago. Our goal is once we buy these properties we will be looking to renovate them. Does anyone have any experience of getting liens released and not paying the fines or pay pennies on the dollar of the fines because they renovated the property made the properties in livable condition?

Secondly, does anyone have a point of contact that I can talk to with the city government to talk with them to let them know what my plans are and figure out a resolution for these code violations. I would assume they won't release any of the liens until the work is done on the property that mediates the condtion for them getting the liens in the first place, but I would feel alot more comfortable talking with somebody who understands I'm just buying the property and will do right by cleaning up these houses but don't want to get penalized for something that the previous buyers did.

Thank you in advance

We have experience dealing with the city.  The bottom line is as follows:  The city is not going to negotiate with you on not paying fines or paying pennies on the dollar for fines.  That's not a thing.  You need to figure that into the cost of doing business and your offer to the seller. 

Regarding the code violations, you need to hire a contractor familiar with working with the city.  Potentially a self-certified architect.  Develop a scope of work with the contractor to include the code violations.  Get the appropriate permits and have an attorney ready to go to court to get the liens released once the work is complete and approved.  There are no shortcuts. 

If there's a demo order on the building then you should submit your approved renovation plan to the court to delay the demo.  

I'd advise getting a local Architect knowledgable on the area and Building Dept. processes with violation. 

Most, if not all, Building Departments across the country will not allow an Architect to self certify work related to violations/non-conforming/non-permitted construction work. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Hello @Susie C.

You vet an Architect by looking at his/her prior projects and familiarity with the project type and location of build/construction. Also you can ask for the references for other clients whom they've worked with for an idea of how they work, communicate and timeline/scheduling norms.  

I will be the first to tell you filing with a jurisdiction can be challenging and not by any fault of the Architect unless they've done 100s of buildings/houses in one area/location. Sometimes it's the wild wild west in the building dept. and the difficulty in getting permits could be based on the Plan Reviewer you are stuck with. In nearly all the jurisdictions I work in, you will not get through on first pass and a lot will have a second round of comments too. Even when the set of drawings are all encompassing. This shouldn't be labeled as an ineffective Architect.

Anecdote: During Covid I had a SFH to 2-fam conversion residential project. It was a complex project and required some in-depth due diligence. Upon filing, the Reviewer had some odd request and objections. I corrected them and yet again another list of objections came through. This happened several times and even meeting in lobby once (no in person meeting were allowed due to Covid). Through some coercing, I finally got a zoom meeting with the guy. Then we were able (with his supervisor on the zoom call) to come to agreement and gain approval. In the end this took close to one year to achieve. Disapproved 6 times. ALSO- This jurisdiction mailed out objections so between submission there was 6-8 weeks of waiting. It was grueling and the Owner was not happy and complained constantly. In the end we got the permit and construction went on. There was no empathy in that this was one of, if not thee hardest time to try and get anything filed due to everyone thinking the world was going to end. I say all this to mean- there are forces out of the control of your Architect and red tape and bureaucracy can slow things down. The Architect should be prepared but some of it is just unavoidable.   

Now speaking to the part about doing the work yourself, be sure you know what you are signing up for. 9 times out of 10 you will not save any money. You'll loose a large amount of time and/or money or both. Especially if you are not competent on basic construction methodology, means and methods plus what constitutes Code compliance. Unless you have a greatly understanding Contractor which you personally know and won't try and rip you off, I'd get one done by a Builder and try and shadow the project as much as possible and try it on your own for the next one. All the best!     

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

 

My recommendation: 

Kevin K. Diffley, Attorney

K DIFFLEY LAW GROUP

Main Office

26 Jericho Turnpike

New Hyde Park, New York 11040 

Google law firm or DM for contact info. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Learning curve is going to be high for you no matter what software you are using @David Quinn

I always chuckle when contractors state they can do design. I assure you most Contractors working as a Contractor in its full capacity aren't licensed Architects. They may know a thing or two but it's insulting for him to even call himself an Architect. Likely they bring on a designer in-house and then call themselves a Design-Build. 

I hope you're getting a discount on his services since you as the owner/client are essentially designing your own space to the capacity of actually drawing it up. Especially if this was in his contract as a Design-Build endeavor. 

I've been working on 100+ yr old houses and buildings throughout NYC and surrounding areas for close to 20 yrs. You're in for a rude awakening when demolition begins. Be ready to change plans if deep due diligence wasn't had to the overall design. All the best 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

@David Quinnundefined

Quote from @Leticia Fuller:

Hello All, I, too, am interested in converting from a 1-family to a 2-family. In my situation, I've lived in my small Bronx property for 20 years. As my children are older, I am looking to downsize and have a positive cashflow in the process. I'm thinking of renting out the top floor (sec-8 tenants) as a two bedroom apartment with a separate entrance from the outside. The 3rd bedroom would be converted to a kitchen and living/sitting space. This floor would have a separate meter.  I would live downstairs which would also be converted to a 2 bedroom with a bathroom needed to be installed. I was also thinking of getting rid of the boiler and installing a split cooling and heating system. With the conversion (possibly 60K,) I plan on staying longterm to reap the conversion expense and capitalize on the cashflow, thereafter.

After speaking to an RE agent, I was told that the sell value would be between 525K and 575K with ONLY basic renovations. However, with the conversion, it would be around 650K.

 I was told by an architect to contact a NY Land Surveyor to see if the conversion is feasible. Any thought would be helpful. 

Thanks.

Several erroneous things I’d like to immediately point out. A land surveyor has no expertise or knowledge on if a conversion can be had for a property. If your “architect” is steering you to a surveyor then they don’t know what they are doing. Architects (and Zoning Attorneys) are the principal professionals in this arena.

1-fam to 2-fam conversion is fairly straight forward but still has its complexities. I think your budget is going to be the major limiter. An installed mini split HVAC system will be $25-35k alone. Not sure how you’d do a full conversation if $60k is your total budget. To meet the NYC Code compliance, each unit needs to be separated by a one hour rated assembly. Plus each unit must, in totality, be in compliance with a list of other things. Typically these conversions are $150-200k in NYC just for construction. Soft cost are up to $25-35k for architectural, engineering, filing fees, zoning exhibits, asbestos testing, etc. 

As I mentioned in post above, the numbers must work. If your RE agent said your value would only go up $75k changing from a single family to a 2-family then it doesn’t seem worthwhile. However that value doesn’t make sense to me and seems a bit low. A newly renovated Bronx 2-fam for $650 would be a steal. I’ve seen these more in the $700k-$$775k. I’m no realtor though. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Kudos to this approach. I'd like to do this also here in the NE. All the best @Tri Ly

Definite red flags as others mentioned. As an Architect, I see a few other things others haven't mentioned. First is the timeline- 4 weeks will never truly be 4 weeks. They will tell you this but doing a kitchen and two bathrooms (one completely new) typically takes more time than that to do correctly. Also, are permits required for this work? Adding the bathroom need to be recorded for property certificate of occupancy? You don't want problems in the future with the Building Dept./Jurisdiction. The mention of the foundations "feels good" is just odd wording. Settling occurs but at certain points specific repairs/replacements are necessary. As a novice in this scope, I would have a person on your side like an Architect or Owner's Rep or as others stated, hiring your own GC. Having your own lender and attorney is a must. Trust but verify everything.  Hope that helps @Liz Lynn. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

Quote from @Michael L.:

Salute to my BPers🫡! Hope you all are having great experinces. Got a couple questions:
1. When building a new construction, can the right civil engineer prepare all the necessary site plans w/o needing an architect?

2. When should getting an architect envolved be a "no brainer"?

An early thanks to any guide given.

Hello @Michael L. Though a civil engineer can do most site specific tasks including plans, they will be limited on understanding the full design and overall theme for the project beyond their scope. An Architect would be tasked with understanding and planning for the bigger picture. 

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)

If you will need an Architect to file for the ADU anyway, then I would get one onboard when you're ready to start. Part of your consultation should include a basic walkthrough to see the complexity of project. They can surely give you a list of things that will need to be updated/changed.

As far as the project itself, submitting for permits can always have documents state “proposed” and then make all the adjustments necessary after permit is issued. However, this will be up to the Architect’s comfort level. You should also inquire with the Architect, if the Inspectors typical do a pre-inspection meeting when the permit is issued before work starts. This can mean you’ll have to divulge that some of the work has already been done when filing. Really depends on the City/Town.

-Jared W. Smith, RA - Principal Architect at Architect Owl PLLC (Licensed in NY & CT)