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Hi, would anyone know what do inspectors look for during a rental permit inspection in the Town of Hempstead? We bought a house recently that the previous seller added a bathroom without permits. We were going to live at the house yourselves but our plans to move in has to been delayed due to personal issues so we would like to rent it out for the next 2 years. Would I be opening a can of worms to do this? What are my possible solutions? If anyone can share their experiences, it would be greatly appreciated. Thanks.
Well I am far from an expert, but, there are a couple of questions. First is it N Hempstead as the title implies or just the town of Hempstead? I was from NH and have friends still there.
Where is the bath? IF for example it is in the basement and the rest of the basement is unfinished the plumbing lines could easily be traced and that would be a problem for you. Also, if you have a finished basement and are planning on renting, you better have an egress window or that is a no go, too.
Essentially, if, all surrounding areas to the bath are "finished" you could put a lock on the outside and say it is a closet. When the inspector comes and asks you don't have the key. BUT, if you can see any plumbing lines at all do not try this. You will be asking for a headache.
You will also fail if you don't have smoke/Co detectors throughout the house.
Yes, I meant Town of North Hempstead. The bathroom is located in the "master" bedroom. The previous owner extended a closet. In terms of keeping it lock, can an inspector demand you to open the "closet"?
I'm not in the town of Hempstead but I have some experience with rental inspections. The job of the inspector is to confirm your rental is in good condition and safe for habitat. Check for working smoke, carbon monoxide detectors, hot water, deadbolt on main entry,, etc. You will not be able to lock them out of the bathroom. I don't think the inspector would be from the building code enforcement office armed with your CO counting bedrooms and bathrooms, otherwise that could be potentially a huge issue. See the PDF below on what they will be inspecting.
I'm not in the town of Hempstead but I have some experience with rental inspections. The job of the inspector is to confirm your rental is in good condition and safe for habitat. Check for working smoke, carbon monoxide detectors, hot water, deadbolt on main entry,, etc. You will not be able to lock them out of the bathroom. I don't think the inspector would be from the building code enforcement office armed with your CO counting bedrooms and bathrooms, otherwise that could be potentially a huge issue. See the PDF below on what they will be inspecting.
You are right on with one caveat. It depends upon the inspector. Someone I know well, did just what I suggested re: the bath. However, it was in the basement. They left the Mrs. to deal with the inspector and she said it was a closet and she didn't have the key. They had all the rest of the requirements so they passed her rental application. It was a whole house rental.
Some times, you get an inspector that is not looking to be a chop buster and other times you get Mr. I'm out for bear. Correct they are not building inspectors, but if it doesn't pass their smell test you will fail.
To be honest, it might be difficult to pull it off if it is a master bath. In my friends case it was a basement.
Also, to the original point. DO NOT ADVERTISE that bathroom in the listing.
My buddy has a legal 2 fam in TONH - she purchased a house with multiple things done w/o a permit, that she eventually remedied. However, she was able to rent out the apartment with no issues. She just couldn't close out her new permits, until the remaining work was completed and inspected.
Generally, they will look at the historic records of the house before they go on an inspection. Will they remember exactly what it was? Not really.
Do not listen to the previous comments. Please do not add locks to any interior doors except bathrooms.
Please note that 2022 NYSRC states that the toilet needs to be AT LEAST 15" from the wall. There needs to be a clearance of at least 21" from toilet to sink and sink/toilet to door. If fixtures are on the same wall, the midpoint of the toilet and sink need to be AT LEAST 30" apart.
Smoke detectors need to be 30" away from any bathroom door.
Each room needs a smoke detector and each common area needs a smoke detector/carbon monoxide combo unit. The min distance between SDs in hallways is 15ft. So, if the hallway is more than 15ft, add an additional SD.
Light in the attic for HVAC equipment with 5/8" plywood 3ft away around it. Needs a light switch(code).
Cellar/basement, if finished, needs the following requirements: egress window with a Window well. Height needs to be at least 7ft. Bathrooms 6'8" minimum and under beams 6'4" min.
DO NOT add any keylocks to ANY interior door. That is a huge red flag for building inspectors.
You mentioned the closet was enlarged and a bathroom was added. This one is also a big red flag if it looks newish than the rest. You'd need to legalize it. Fees are double. This is a little more serious though as you need to take into account the following: Setbacks, sky exposure, F.A.R., Building Area(if cantilevered), Ridge and eave height if it's an addition.
You'll need the following applications: Maintain Interior alterations(Construction documents), maintain plumbing, maintain gas(if you have gas heating) and hope you don't need a zoning variance.
My buddy has a legal 2 fam in TONH - she purchased a house with multiple things done w/o a permit, that she eventually remedied. However, she was able to rent out the apartment with no issues. She just couldn't close out her new permits, until the remaining work was completed and inspected.
Permits are only valid for 2 years. After they expire, she'll need to reopen them and pay the fees again for every single application she filed for.
Legally, you cannot rent it. If they're caught renting it, they'll suspend the COs.
Would it make more sense to just remove the entire bathroom then and just use it as a closet?
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