purchased 3 family house 4 years ago and now told it is a 2 family house

Albany, NY Viewed 132 times. Posted about 1 year ago in Real Estate

I purchased a 3 unit building in Albany, NY 4 years ago. I bought this house through a real estate agent and had a lawyer at the closing. There was never a indication at the closing or any other time that this building was anything other than a 3 family building. I was contacted by the city of Albany last week stating that the house I own is a legal 2 unit building not a 3 unit building and that I have to notify the tenants to vacate the unit within 21 days. The apartment in question was renovated and generates the most income. I contacted theoriginal broker that listed the property and she states that the building is a 3 unit building. She has listed and sold this building on 2 separate occations as a 3 family house. Doing some research I found out that the tax department has this house on record as a 4 unit building and the building department has it on record as a 2 unit building. The city is going with the building department findings as a 2 unit building. I filed for a building permit for the extra unit, but was told it would be denied and I will have to appeal it and go from there. I don't know how much money this is going to cost to make this a legal 3 family unit and even though I am the owner of this building I don't feel I should be the one that should be responsilble to pay for it. I have already contacted the previous owner, the mayor's office, the attorney generals office and a few assembly members offices with receiving very little advice. I am very willing to do as much of the research as needed, I just need some direction as to how to build a case to find out who would be responsible for selling a building under false pretenses. Any suggestions would be appreciated.

Thank you for your time,

Patty

Answers (2)

Alec Scott Rose

This attorney is licensed in California. Posted about 1 year ago.

You will need to consult a local attorney who is experienced in this aspect of real estate and landlord/tenant law. There may be procedures to get your property's occupancy rating changed, or to get a waiver or variance permitted. An attorney who has experience in dealing with your local housing authorities will be your best source of advice.

Scott P. Olson

This attorney is licensed in New York. Posted about 1 year ago.

Patty,

I am a New York licensed attorney with an office in the City of Albany.

I do not know if this is still an issue for you. Assuming the facts to be as you stated, you may have several different options. You may want to contact the Building Department and request a copy of the most recent building permit and certificate of occupancy to confirm the classification as a 2 or 3 family house. You would also want to see a copy of the property card from the Assessors office to use with the Building Department to convince them that the building is a 3 family house. If the Assessor's office has it listed as such you are likely paying taxes on a 3 family house. However, it is possible that the building never received the proper approvals for 3 separate units.

If you are not able to successfully convince the Building Inspector that the property should be listed as a 3 family house, you may want to file a formal building permit application and proceed in that manner assuming that the building fully complies with all code requirements.