zoning permit in Philadelphia

zoning permit in Philadelphia

Philadelphia, PA · Member since 2017 · 140 posts · 37 votes

Question to Philadelphia investors. How hard is it to obtain a permit to use a house as two family building. My husband and I are new to investing and when we bought a duplex in 19152 area, never bothered to check the zoning on it.

Turned out city doesn’t have any record of the use of that property. It is build as multyfalimy and zoned as RSA-3. So city refused to give us two rental licenses on it. Is it possible to fix it without a zoning atterney? All suggestions are welcome.

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Investor · Philadelphia, PA · Member since 2017 · 22 posts · 11 votes
9y

Hi everyone! I'm gonna piggyback on this topic real quick. 

@Account Closed I'm not sure if you have checked there before, but I was told that if you check on http://www.phila.gov/zoningarchive/ and the documents are not there, it's best to assume they don't have it. I have seen use registration and variance applications on there before if the property has them. I think instead of structuring the offer to have the contingency for zoning, I would actually check the zoning as a part of your initial screen before making an offer. Once you see something that spark your interest, checking the documents on the zoning archive should take less than 5 mins. An investor I know had the same problem with zoning, hired a lawyer and was unsuccessful. However, she then just flipped it as a SFH and sold it as that. I don't know much about Airbnb rental requirement in Philadelphia but I wonder if that's an option to get around the duplex problem? Either rent both units on Airbnb, or I have read about people partnering up with their tenants to rent out the other unit.

A question I have on this topic is that a multi-unit I'm looking at in Philadelphia has RSA5. There's a document in the zoning archive back in 1947 for the property regarding use registration and permit as a duplex. The stamp said no registration was required for use as a 2 family housing and nothing has changed since then. I'm assuming that means the property is grandfathered in? Can someone confirm this please?

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  • Philadelphia, Pennsylvania (PA) · Member since 2017 · 39 posts · 16 votes
    9y
    My buddy owns several properties in Philadelphia. His father works for L&I and it's very difficult to get a legal duplex. He has two properties that are triplexes, and each tenant pays their portion of the utilities. He's never not had a renter and I'm not quite sure of how legal it is. But each floor has a kitchen, bathroom, living room and bedroom and he's never had trouble renting them.
  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    That's the thing. Our duplex is officially described on the Philadelphia property search website as

    APT 2-4 UNITS 2 STY MASON

     but still they want us to obtain a new use and occupancy permit.

  • Joseph ScoreseBusiness Member
    Banker · Philadelphia · Member since 2009 · 2k+ posts · 637 votes
    9y

    Hi @LanaLee,

    Welcome to BP!

    Would highly suggest retaining a Licensed Expeditor or a Zoning Attorney that knows the neighborhood where the subject property is.

    Let me know if you have any questions.

    Regards,

    Joe Scorese

  • Collegeville, PA · Member since 2014 · 17 posts · 6 votes
    9y

    Hi Lana,

    I went through the exact same thing—my duplex was assessed for taxes and other indicators as a duplex, but was actually zoned single family (RSA-3, I think).  Same exact description as the "2-4 apartment stone mason" you mentioned.

    The previous owner got rejected for a use permit, so he used the building  illegally as a duplex.  I got it rezoned before operating.  

    Highly recommend getting it rezoned before you do anything.  Definitely hire a zoning attorney to at least consult on your path forward.

  • Health Care Administration · Philadelphia, PA · Member since 2015 · 65 posts · 65 votes
    9y

    @Account Closed I also am in a similar situation. My house was converted to a duplex by the previous owner and has been used as a duplex for years despite having RSA-3 zoning on Philadelphia property records. I think the previous owner did a lot of things without getting zoning/permits including building a deck.

    However, when I went to L&I to get a rental license for the unit I rent out (I live in the other unit), I was able to obtain it. My guess is that the public Philadelphia Property Records just have not been updated to reflect my property is a duplex. L&I doesn't seem like the most organized and efficient entity.

    One piece of advice for dealing with L&I if you do need to go down there to straighten things out - go first thing in the morning. Once they get backed up, you may have to wait for hours before you get helped. 

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    Thank you Josh and Richard for your reply. Was is difficult and expensive to obtain a new zoning?

    I've heard you need to collect some signitures and stuff. And who is doing a floorplan drowning and can you suggest any good zoning atterney in NE Philadelphia?

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    Thank you Joseph. If you have any good zoning atterney, the name and phone # would be appreciated .

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    And also a question. How do we avoid such a mistake befor buying. How do i structure the offer correctly, what kind of contingency do i put in and how do i verify the zoning after the offer is excepted. In my area the competition is so CRAZY , a good duplex usually goes pending next day. 

  • Accountant · Philadelphia, PA · Member since 2013 · 303 posts · 210 votes
    9y

    This is a good summary of what the zoning process is for asking for a variance to the code. (https://www.law360.com/articles/463558/navigating-...) 

    The ZBA will give you a list of addresses  you need to notify for the variance. Some RCO's will require signatures from immediate neighbors before issuing their letter of support.

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    Thank you Tim. So, do you think it is achievable without a lawyer, considering the building is built as duplex, never been modified, in fact it is located on the street where the same exact type of duplexes are on both sides of the street and on the next two streets. It is zoned as RSA-3 though.

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    @Account Closed

    I'm not a zoning expert. But based on what you wrote, I would think this property is grandfathered in. It seems like a stretch to me that someone would illegally convert this building into a duplex. Pull all the records to see when the first construction was. Also check the records to see if you can find proof that it was always used as a duplex (e.g. two sewer bills, etc.).

    Consult with a zoning law expert, but I don't see you getting a variance for this property. It's a fairly difficult standard to meet. Here's an article on the topic involving a recent case in Philadelphia.

    http://www.babstcalland.com/wp-content/uploads/201...

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    Thank you Chris. The building has seperate evening except water. In fact, we own another one with just the same floor plan. 

    One of the units might have been owner occupied at some point. But i have leases for both units which i inherited with the  purchased property. Tenants just moved out they were month to month, living there since 2009. But where do I get the record of how it was occupied before ? I don't even know if the owner ever had renting license .

  • Investor · Philadelphia, PA · Member since 2017 · 22 posts · 11 votes
    9y

    Hi everyone! I'm gonna piggyback on this topic real quick. 

    @Account Closed I'm not sure if you have checked there before, but I was told that if you check on http://www.phila.gov/zoningarchive/ and the documents are not there, it's best to assume they don't have it. I have seen use registration and variance applications on there before if the property has them. I think instead of structuring the offer to have the contingency for zoning, I would actually check the zoning as a part of your initial screen before making an offer. Once you see something that spark your interest, checking the documents on the zoning archive should take less than 5 mins. An investor I know had the same problem with zoning, hired a lawyer and was unsuccessful. However, she then just flipped it as a SFH and sold it as that. I don't know much about Airbnb rental requirement in Philadelphia but I wonder if that's an option to get around the duplex problem? Either rent both units on Airbnb, or I have read about people partnering up with their tenants to rent out the other unit.

    A question I have on this topic is that a multi-unit I'm looking at in Philadelphia has RSA5. There's a document in the zoning archive back in 1947 for the property regarding use registration and permit as a duplex. The stamp said no registration was required for use as a 2 family housing and nothing has changed since then. I'm assuming that means the property is grandfathered in? Can someone confirm this please?

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    I

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    I used the link you provided and it says  No documents exit in archive. What does that tell you? 

    And why are they building a whole street of the same type of duplexes and then turn around and zone them as RSA-3, which is for single family???

  • Accountant · NJ · Member since 2015 · 210 posts · 167 votes
    9y

    @Lana Lee in my experience the zoning archive did not allow me to be grandfathered into a multifamily. If buildings have been recently used as multifamily with proper paperwork they can be grandfathered in. If they have been vacant you will have to pull permits to get it up to speed only if the current zoning code allows. If the current zoning code does not allow you will have to go through the zoning processs. I would suggest you get a lawyer. It is required for anyone owning through a corporate entity like an llc, but even still it is good to have.

  • Joseph ScoreseBusiness Member
    Banker · Philadelphia · Member since 2009 · 2k+ posts · 637 votes
    9y

    Hi @LanaLee,

    Welcome to BP!

    Would highly suggest using an licensed expediting company that handles issues such as this. Also, if they cannot address they usually work with an attorney in zoning that can work it through as well.

    Let me know if you have any questions.

    Regards,

    Joe Scorese

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y

    Sounds like a whole lot of money and i wonder if the lawyers charge for successful outcome or for hours of working they are putting into it?

  • Attorney · Nashville, TN · Member since 2015 · 1k+ posts · 1k+ votes
    9y

    @Account Closed

    No zoning lawyer worth hiring will take these cases on a contingency basis. In many situations, it's incredibly time-consuming work.

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y
    Originally posted by @Irfan Raza:

    @Lana Lee in my experience the zoning archive did not allow me to be grandfathered into a multifamily. If buildings have been recently used as multifamily with proper paperwork they can be grandfathered in. If they have been vacant you will have to pull permits to get it up to speed only if the current zoning code allows. If the current zoning code does not allow you will have to go through the zoning processs. I would suggest you get a lawyer. It is required for anyone owning through a corporate entity like an llc, but even still it is good to have.

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y
    Originally posted by @Irfan Raza:

    We already got one rental license. Do you think it is going to be a problem is we just report rental incomes from both units to IRS?

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y
    Originally posted by @Chris K.:

    @Account Closed

    No zoning lawyer worth hiring will take these cases on a contingency basis. In many situations, it's incredibly time-consuming work.

    Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

     Where do I find a zoning atterney worth hiring? Nobody I know had the same problem. 

  • Rental Property Investor · Mount Vernon, NY · Member since 2016 · 89 posts · 125 votes
    9y

    @Account Closed prior to closing on my duplex in West Philadelphia I had done a lot of research because the home was zoned RSA5. I then checked the zoning archives and found documentation showing that it had been used as a duplex since 1949!

    Long story short, while performing my due diligence I was snooping around landlord-tenant court files involving the previous owner who had run into the same issue as far as attempting to obtain 2 rental licenses. I will look it up again and advise you of the attorney's name on the docket. 

  • Philadelphia, PA · Member since 2017 · 140 posts · 37 votes
    9y
    Originally posted by @Michael Enriquez:

    @Account Closed prior to closing on my duplex in West Philadelphia I had done a lot of research because the home was zoned RSA5. I then checked the zoning archives and found documentation showing that it had been used as a duplex since 1949!

    Long story short, while performing my due diligence I was snooping around landlord-tenant court files involving the previous owner who had run into the same issue as far as attempting to obtain 2 rental licenses. I will look it up again and advise you of the attorney's name on the docket. 

     Greatly appreciateappreciate it!

  • Accountant · NJ · Member since 2015 · 210 posts · 167 votes
    9y

    @Lana lee. Is has nothing to do with the Philadelphia govt. You have to report to the irs even if it not a legal duplex.

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