Investor · Oakland, CA · Member since 2016 · 3 posts · 0 votes
Hi guys. I'm looking at a legal non-conforming duplex in Vallejo to do a house hack and I'm trying to understand what it's status actually means. I've seen some information on it meaning that the duplex is legally grandfathered in to be able to operate as a duplex but there are some continuous use requirements in some places. I can't seem to get a straight answer on Vallejo. Does anybody know what it means?
Investor · San Mateo, CA · Member since 2015 · 62 posts · 52 votes
7y
I had a deal on a legal non-conforming property in the East Bay before, which was grandfathered in as a triplex but modern zoning was for a duplex. The implication in my case was that I wasn't able to secure traditional financing (getting a mortgage from a bank) because in the event if the property burns down and needs to be reconstructed, it can't be legally built as a triplex anymore. There might be other implications but that was the main blocker on mine before I proceeded any further.
Specialist · Los Angeles · Member since 2019 · 24 posts · 11 votes
7y
You need to do a record search and review the permits and CofO to find out if it was legally permitted at the the time it was constructed. To me non-conforming means you could not legally construct it now, but as long as it had permits when built, most municipalities allow it to be grandfathered in. You would need to do further research to understand how this status would effect future improvements.
Investor · San Mateo, CA · Member since 2015 · 62 posts · 52 votes
7y
I had a deal on a legal non-conforming property in the East Bay before, which was grandfathered in as a triplex but modern zoning was for a duplex. The implication in my case was that I wasn't able to secure traditional financing (getting a mortgage from a bank) because in the event if the property burns down and needs to be reconstructed, it can't be legally built as a triplex anymore. There might be other implications but that was the main blocker on mine before I proceeded any further.
Investor · Oakland, CA · Member since 2016 · 3 posts · 0 votes
7y
Thank you all for your comments. Hai, if you secured non-traditional financing would you be able to operate as a triplex with no issues unless it burned down? No other risks of losing its status?
Professional · San Diego, CA · Member since 2016 · 6 posts · 4 votes
7y
It simply means that it's a legal use as a duplex because it was legal as that use prior to the zoning change that now makes is "non-conforming" (to the new zoning code). It can continue that way as long as nothing changes. It doesn't mean that you can't renovate or update it, but you may not be able to do things like add square footage.