Originally posted by @Lindsay Wilcox:
For Pete's Sake, Jon K., have you missed the several times I've mentioned that the third unit has "LEGAL non-conforming zoning" status?
The essence of what I keep trying to ask is specifically about the fact that the space I'm talking about finishing in the basement wouldn't be a "unit." It'd be an additional space in the house, but without a kitchen or bedroom, it's not a "unit." It's just a couple extra rooms, potentially even with access to one of the other units, that I would happen to live in.
The question is: Is it *legal* for me to live in a space in the house that is NOT a "unit" in the house?
From what I can tell, the answer is, "Yes, definitely, as long as it's accessible from one of the other units, because then I'm actually living in one of the already-existing units and just renting out most of that unit to a roommate I rarely see and can lock me out of his/her part of the space," but no one has actually answered the question about whether it's legal if the only way to access it is from outdoors.
Um. You are in non-comforming zoning for unit 3. How are you suggesting a unit that violates zoning is a legal unit?
People have already told you a hundred times that NO, it is not "legal" for you to live in an "illegal" unit that also violates zoning.
You're living in an illegal basement unit that violates safety LAWS and violates zoning LAWS. Your *view* of these laws is irrelevant; these laws are the zoning laws and housing code laws. And, you are violating them. What you have is a basement that you want to live in-- that violates zoning laws, safety laws, and is not legally a legal space.
The unfinished basement that you're suggesting LIVING in makes it a UNIT.
Kitchen or bedroom or not, it's a unit as it's detached from the other units (that is NOT a roommate situation). A studio apartment doesn't have a bedroom, but it's STILL A UNIT. Why is it a unit? Because it is a detached space that someone is LIVING IN.
A UNIT does NOT have to have a kitchen or bedroom to be considered a UNIT.
And, your UNIT (YES, it IS A UNIT... a detached kitchen-less bedroom-less UNIT that you are living in) violates safety laws, zoning laws, does not have LEGALLY required window space, violates your 2 ZONED property laws, doesn't meet property code LAWS. I shall repeat, even though you don't want to read any facts on this site. A UNIT is a detached property in which someone lives... like your unfinished basement. You have a 4th UNIT that violates safety laws and zoning laws. Yes, it's a unit. No, what you're suggesting is not legal.
Everyone here has answered what you're "asking" with a resounding NO. It's NOT a legal unit. NO, it's not a legal unit. NO, it doesn't meet zoning laws. NO, it's not a roommate situation. NO, what you're suggesting to do isn't legal in terms of safety/housing laws and zoning laws. Your answer is.... N-O. NO.
Maybe you'll get away with it, and maybe you won't. Like I said, just hope your tenant situation doesn't go south and your tenant rats you out to zoning.
If the only way you can access the unit is outside, then no, that's not a roommate situation-- nor does it fix your illegal, unzoned unit.
The basement would have to be connected to unit 3 INSIDE to be unit 3's connected basement- even then, try telling the courts that "oh, I'm sleeping in my unzoned, "illegal unit" basement and have a roommate upstairs with no way for the "roommate" to access my space" when a tenant tries to sue you or the property has some insurance claim. Non-connected units are not roommate situations, and you know it. You're trying to game the system, obviously, and no, your "oh, my roommate lives upstairs.... our units just aren't attached" is not true in terms of legally, zoning, insurance, or any other way. Otherwise, um, I would have a "roommate" that lives in my property so I could avoid paying rental property tax rates. What you're suggesting is not the legal way that things work, and you know it. A few dozen people here have already told you that what you suggest is not the legal unit nor zoning way that things work.
You can make up all the tales about your unit that you want, but the 4th UNIT is an unfinished basement that is not a legal unit and that violates safety laws.
In your theory, I could probably sleep in my car down the street and "not have to pay" property taxes on my home. Ha. One could only dream like you're suggesting, but no, again, no, what you're suggesting is not legal. It's an illegal, improperly zoned unit that violates code. Not legal. There's your answer. Again.
