If the current owner was not informed of the issues regarding the property, he may have standing to bring suit against the real estate agent and/or the city inspectors. In that case, your evidence of conversation with the REALTOR may prove beneficial to him. I imagine it would be costly to undo the separation.
His costs would be:
Losing the tenants
Removing plank of wood that seals the staircase separating the floors.
Removing the 2nd kitchen.
Yes, I assume he will go after the sellers.
How do you know he didn’t apply and successfully have it rezoned?
To rezone, first he’d have to go through the neighborhood design review board (they would NEVER approve a duplex, they fight this battle often). Then he’d have to get a variance from the city, and the city does not like spot zoning. To get the variance, he’d legally have to inform all the neighbors within 1000 yards of his home, and we’d be able to voice our objections.
To even apply for variance costs several thousand dollars and takes months, he bought the place in December. So I was never notified, and he hasn’t had time to get variance, and it would never have been approved. This was just done illegally.
The parking issue is a *non-*issue, as you admitted. Whether or not it’s a duplex, they have the right to rent to another family if they want. You can’t force your neighbors to keep a single family in their single-family home. Similarly, you can’t sue when a very large, loud family with multiple vehicles moves in across the street from you. You can call the police if they violate a noise ordinance, but that’s it. The right to quiet enjoyment does not mean you have the right to perfect silence all the time. There is a certain amount of noise that is an inherent part of living in a modern neighborhood. Taking offense at people walking “loudly” on stairs is beyond hilarious.
Obviously there was a procedural violation here. But the housing inspector hasn’t called them on it. Because it isn’t affecting anything. Take the matter higher if you wish, of course, but I believe you’ll be throwing away your time and money.
Employ the assistance of this group.
While I can appreciate, conceptually, the idea of going after the sellers/Real estate agent, this man has decided to go into business without knowing whether or not the business was legal. We’re not talking about an obscure rule, this is Zoning 101.
Frankly, your discussion with the agent is only relevant with respect to your ongoing relationship with the homeowner (Hey, man, I tried to make sure the agent disclosed this problem before someone bought the house). If the agent had a duty to disclose this, and did not, it really doesn’t matter that a neighbor brought it up. The agent should damn well know that the property is R1, and the separate apartment is illegal, long before you contacted them.
Rachellogram, the extra apartment is illegal. Yes, you can have a single neighbor as annoying as two neighbors. But, the extra apartment means you can have two annoying neighbors instead of just one.
Of course he can rent it out. As long as they have one kitchen, and the floors are connected. Now, odds are he won’t want to live like that, but it’s his decision and nothing I can do about it.
He can NOT rent it out as it is. And yes, I will do something about it. I can just about guarantee it won’t be a duplex for long.
Can’t remember if I stated the number of violations on his property. I don’t care about the illegal fence, or the stairway that is partially on my property. But now that I know a housing inspector who isn’t corrupt and will go after this stuff, if it comes to calling the city in, the physical changes will be much bigger and more expensive. He will likely have to remove the second floor entirely (it wasn’t permitted, nor was the foundation updated to support the addl weight).
So I’m giving the guy the option of skipping all that pain and just getting rid of one thing.
Ps thanks everyone. Happy to answer questions if they come up. But for me that issue is resolved in terms of what my next steps will be. I appreciate the input.
Not necessarily. Single-family zoning often includes a requirement that unrelated adults not live together in the home, exactly for the reasons filmyak raises.
OP already stated that the homeowner is allowed to rent out the property as he’s currently doing.
If that’s true, you probably should care about it. It’s unlikely, but you could find yourself a victim of adverse possession, and the land that the stairway is on becomes his property. Not that I know a thing about it besides what’s in the wikipedia article, but you might want to at least consult an attorney.
Yeah, I know. It’s a sliver. Maybe 6-12 inches across for 5-6 feet. Slope, can’t do anything with it. Just pointing out that I’m trying to be reasonable, not hit him with every violation for the hell of it, just the one big thing that neatively impacts my life and property value.
If the stairs are a violation, too close to, or over the property line, that’s his problem too. Or, did he just buy a house without knowing what the property lines were, or if there were massive code/zoning violations? While I appreciate your efforts to be reasonable, if you ignore things like the illegal fence and staircase, it’ll just get harder to deal with, and impacts you when you eventually decide to sell. Or is YOUR buyer just going to suck up the stairs that impinge on the property without lowering his offer?
Encroachment really is minor. Can’t Tell by looking, seems natural. I only found out when I needed to hire a surveyor to do construction (legally) on my house. The fence is another issue. Honestly, I’d rather use those as leverage to end the duplex situation.