Illegal dwelling unit in Massachusetts?

Question

Hi,

Got into quite a bit of a mess and hoping you can help or point me in the right direction. The building inspector needed to stop by to do a walkthrough which was done.  It's a 2 Family but on the 3rd floor the previous owner had an illegal apartment.  The 3rd floor is vacant currently and was going through renovation.  There's no kitchen but the existing plumbing was left behind where the kitchen used to be.  He's going to be sending me a letter stating I have an illegal unit although there's no kitchen and the floor is empty. He wants me to tie the 2nd floor and the 3rd floor together building a wall.  Not sure what I can do in this case.  He said because I bought the house, I inherited the problem. My intentions were to go through the process of getting a special permit to make it into a 3 family but due to the high cost it was not worth it.

I'm assuming there's a fine involved.

Jochy Perez · Answer

@Steve Bracero Correct. After I found out about the cost of making it a 3, I decided to not go that route. My idea was to just use the space as storage but regardless he's having me tie both floors together.

Joe Maxwell · Answer

Jochy, I'm really curious how this turned out for you? I'm in the middle of a dispute right now (basement instead of an upstairs). Based on the definitions I've found in my local code, a "dwelling unit" must have ALL of cooking, sanitation, sleeping, and living space provisions. Because it doesn't have a kitchen, I think you've got a strong argument that it cannot be called a 3rd unit, and thus is just some weird space upstairs.

Turn the question around on them. "Would you give me a CO for this space as it is?" If the answer is no, how can they call it an illegal 3rd space?

Lien Vuong · Answer

Can you prove that you purchased it as a 3 family property? Did your attorney run this by the building department to make sure you got what the listing presented? Yes there's def non confirming 3 fams in 2 fam areas but you might have a chance if this is preexisting function of the property.

I would suggest you paying a local zoning attorney in your area to evaluate the deal and your property before truly throwing in the towel. You're throwing away a lot of value in the home if you simply just accept it as a 2 fam.

Colleen F. · Answer

Does it have any additional rental value if it is tied to the other unit?  Another  bedroom and bath?  or is that just not possible? I would try to salvage some value if you have to do the renovation.

Steve Bracero · Answer

Then it is a legal 2 family. The only way to have a 3 family in a 2 family zone is to have a non conforming property.

This would mean you would have a legal 3 family and you can rent it as a 3 family.

It sounds like you bought a 2 family and the past owner was possibly using it illegally as a 3 family?

Jochy Perez · Answer

@Steve Bracero Zoned for 2 family use.

Steve Bracero · Answer

@Jochy Perez

Check the tax card and see the building use.

Is the building zoned for 2 family use?