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So we are looking to purchase a multi-family home, living in 1 unit and renting the other(s). We have found a property that has 3 units - 1 large unit and 2 smaller ones. The smaller units are in what looks to be an old garage that was converted to living spaces, so my guess is that the property is a single-family turned triplex.
The zoning would allow for a triplex but the property itself is coded as "single family residences" on the tax appraisal.
With this info, can it be determined if these are legal units that can be rented out?
With this info provided, I'd hazard a guess of "No." But, ask your lawyer (You retained one for the transaction, yes?), S/he will be the only one that can answer it (Unless a licensed attorney from your area posts otherwise here ).
If the tax appraisal is from the town, and you go down to the town hall and see no permits on file, the apartment over the garage is likely an illegal conversion. Can you rent it? Sure, but if something happens, your insurance wont cover it. Its likely not even up to code.
You have many options, but many may cause the deal to fall through or could cost you dearly to make it legal after you purchase.
The smaller units are in what looks to be an old garage that was converted to living spaces...
The property may be grandfathered in... it might not be.
Don't guess. Be VERY wary.
In addition to the zoning issues you may have building code issues as well.
Take the time to go to town hall and check with both the zoning officer and the town building department. Ask to see the file on the property.
It sounds as if it might be taxed as a two family. "Single family residences" would indicate two separate one unit homes. However, just because the tax assessor has it taxes as a multi doesn't mean it is legal. The assessor doesn't check legality when figuring an assessment. They just go by what they see when they inspect the property. The zoning office is the one that determines legality.
You want to get this figured out before you put in a purchase offer and go for financing. When it gets to the point of doing an appraisal, the appraiser will appraise the property for its legal use. If if's not a legal three, it's not going to be appraised as a legal three. That can screw up your financing.
The zoning office is the one that determines legality.
So if it's zoned as multi-family, does that mean it's legal?
I will call the city building department and see if they can tell me if these are legal units. Hopefully they have the final say since they will/won't have the building permits for the conversion.
So if it's zoned as multi-family, does that mean it's legal?
No. In order to change the garage to a apartment, you would need building permits and the city code enforcement officer to look over the plumbing, electrical, construction to make a determination if it meets the most basic level of "safe". If none of this was done, I've seen some people who needed to tear off the sheetrock to show the electrical and plumbing to the code enforcement in order to buy a permit which they should have had in the first place.
Although its a pain in the butt, the code enforcement officers are around to make sure no one dies or gets sick due to bad work. Typically people who do stuff themselves to save money, typically do bad work because they dont know what they are doing. Its possible garage apartments are not even allowed in your town because of the risk of carbon monoxide poisoning from cars idling below. Another thing to look in to. So if it was not permitted, and they are not allowed, you cannot use it.
I've seen simple mistakes like not putting plastic grommets on metal studs, then running wire through them. Overtime, the wires will rub on the beams, which will energize the beams, which touches the plumbing, which could kill you in the shower. All because someone didn't put a $0.05 cent plastic grommet around the wire.
Because something is in a multi family zone, doesn't mean it is a legal multi family. The town or city may only allow for a multi family if is is in the same building, they may not permit multi buildings on one lot, etc.
Zoning is tricky. You really have have to get into the zoning regulations to determine just what the criteria area for the zone. After you figure out what is required to be a legal multi family, then you have to find out if the building itself meets code.
Always check directly with zoning and building officials when looking for these kinds of homes. You may find a folder with a stack of code violations or cease and desist orders on the property.
You may be able to find the zoning regulations online. Some municipalities have regs readily available.
I'd pay little attention to the zoning information on the tax rolls. Look up the zoning maps for yourself (many are on-line) to verify and call a city planner to be sure. If there is a multi-family building in a single family zoned area, it is probably what is known as a 'legal non-conforming use".
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