?Continuation of business for Use and Occupancy

3 Replies

We purchased a 2 bedroom, 5 unit multifamily buliding in Jan 2014. The property is location in Hyattsville, Price George County. This is our first investment property. We are in the process of getting User and Occupancy certificate from the County.

The county is not ready to issue the certificate as there was a law passed in 1968, which restricts 2 bedroom only in 40% of the units. which means we can only have 2 units with 2 bedroom and the other 3 has to be converted to 1 bedroom.

The building was built in 1951 and to Grandfather and issue the certificate, the county wants me to furnish documents stating that the building was in use since at least 1968.

The county has no prior UnO Certificate and License. I have received Rental License since 1993 from the City. The county wants me to file a Maryland Public Information Request form for them to research and find older archive records.

Not sure how to go around proving this is they do not have any older records. Please share if you had such a situation and any guidance appreciated.

What an incredibly short sighted policy. Yes you can request a MD freedom of information act request. I am not sure what they call it in MD but it is something similar. The agency you are dealing with should be able to tell you how.

I would argue that unless there is a document removing it's use and occupancy then it still has one. Due to equal application under the law, the fact they have allowed this building to operate for decades without one means they should not be able to single you out and not allow you to continue to operate it.

Another option is to convert some of the two bedroom units to one bedrooms by "De-bedrooming" some of the bedrooms. Remove closets or electric sockets so it does not meet the requirements of a 2 bedroom. Make it 1 bedroom with a den. It won't stop tenants from using it as a two bedroom or may keep a tenant with a one bedroom voucher there forever becuase it is th e largest one bedroom they will every find/

Create Lasting Wealth Through Real Estate

Join the millions of people achieving financial freedom through the power of real estate investing

Start here