I 100% agree with the intent aspect and that is an important premise, but the fact is in this particular situation intent for it to be personal use has been confirmed (by way of a public post).

Is it public record that I can find online?

Publication 336 (cash method section) gives a clear example very similar to the situation described where constructive receipt was made because the agent of the taxpayer received payment for the taxpayer. 

Problem is it doesn’t exist as a “public” offering.  

Once the public works are there they will just revert to existing zoning which in my case is SFH. 

In order to comply with SEC regulations, there is no platform to publicly announce your deal to the crowd (both posting on Facebook and publicly announcing it at an event could be construed as a solicitation, which is not permitted under the structure that most sponsors in the group use).

The rules are pretty complicated and the only people who really know all the terms and rules thoroughly are the Rent Levelling Board.Caveating that I’m not an attorney so go seek your own advice but I clarified a few things at a recent rent levelling hearing (which are open to the public and you can find the schedules with a simple Google).

I'm sure over time more laws will be created to force the government to give that information in a more timely manner but for now they often obstruct the public by withholding it for a time.

But the places we all encounter that could only have a wheelchair ramp put in that intrudes into the public sidewalk (which neither the landlord nor the tenant owns, and now the sidewalk may not be sufficiently wide or accessible for a wheelchair), or that would require tearing down the storefront's façade (envision a storefront right up against the sidewalk), are grandfathered in. 

Rick Basement square footage and room count are typically not counted on public record but in some states agents list it or are allowed to list it.