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I currently live in the second floor of a legal 2 family home in Lindenhurst. The family below us just moved out and the landlord offered us to buy the house. (We want to live in the bottom and rent the top)
From what I found online, permits do not transfer and once ownership transferred, the home reverts to a single-family home.
Has anyone ever gone through the process of getting the home reapproved to be a multi-family home? Since they already approved the home, wouldn't that mean it should be fairly simply process?
Can anyone recommend if I should get a lawyer, or any due diligence I should be doing prior to moving forward with buying this home?
I know in Nassau, Town of Hempstead, this is an absolute horror show and near impossible(been there).
Don't listen to a bunch of no face internet message board posters. Call the town and find out what is involved. I believe, and I could be totally wrong for Town of Babylon, but, I think they are more lenient for owner-occupied.
Call the town. It's your best bet.
Town of Babylon has two versions of what we think of as "legal two" (found that out when looking with a buyer). Make sure you know which one you're buying; should you ever decide to sell, it'll make a difference:
Legal two = Owner occupied with accessory apartment. Permit required, does not transfer
Legal two by CO = Two rentals, with no requirement for owner to live on premises. Permit required, does not transfer.
Because requirements change from time to time, it's best to call the Town and find out what the requirements are, including the fee(s).
Both have different rules and requirements. I would spend a few minutes doing some research. Head into the correct Town or Village hall and ask... They are both decent places and they will help.
If the house is in fact a Legal 2 by CO without it being owner occupied, you will still need a rental permit. They are very easy to get in both places. Each floor has to have a smoke and carbon detector. The boiler room needs to be fire rated. Usually the driveway has to be large enough to have 4 cars parked in it, off street..
Its worth a few minutes to go look into it. A lot of people think the have a non owner occupied Legal 2 when the majority are not. (Not saying thats the case for you but its possible)
Thanks for the replies! I know the house is a legal 2 by CO and owner is not required to live there.
You would need to apply for a new accessory apartment permit from the Town of Babylon. Believe the fee was $350-400. The permit will need to be renewed every 3 years and the premises will be reinspected every 6 years. There is a list of necessary items specified by the Town that will be inspected.
If it's a legal two by c/o it should be a fairly easy process. But, as others have said, call the town and don't assume anything.
It can be tricky..because it can be legal at the County level (property record says 2 family property), but all permits/checks/etc. are handled at the town/village level.
It can be tricky..because it can be legal at the County level (property record says 2 family property), but all permits/checks/etc. are handled at the town/village level.
In Suffolk it's either Town or Village, depending on the location of the property. Village rules/codes top Town rules/codes.
I currently live in the second floor of a legal 2 family home in Lindenhurst. The family below us just moved out and the landlord offered us to buy the house. (We want to live in the bottom and rent the top)
In addition to the permit issues - have you ever been a landlord before....aware of all the recent changes that have occurred WRT renting/landlording...and aware that NYS is extremely tenant friendly. Being a landlord can be lucrative, but it is not for the faint for heart especially if you are going to be living at the property. Are electric and heating separate....need a lease that's compliant with NYS rules and regulations and most important you must be able to screen, screen and screen.
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