Investor · Chicago, IL · Member since 2015 · 166 posts · 67 votes
I was talking with an fellow Chicago based investor today and the topic came up about moving in without a CO. We were curious: Is there anyone who has (or has directly heard of) experience with this and is willing to share, whether good or bad? As an owner occupant, is this possible? As a landlord, is it possible to let tenants move in prior? What happens if the city inspector sees furniture and signs of living during a final inspection?
I've heard GC's say "it's Chicago, of course it's okay!" however others (myself and this other investor included) are not so confident. It was an interesting conversation but I am curious to hear what others with experience report.
I have been a building and zoning official for over 20 years. If you get caught you will go through hell and it will cost you time and money. I'm not sure why you just don't call for the inspection.
Is this a situation where you have rehabbed the building and the city issued a building permit or are you referring to the rental registration.
You may get away with it but I don't think its worth the aggravation.
We were discussing the situation where there is a building permit. And it was a general discussion that did not necessarily apply to our situations but *possibly* could.
In my situation specifically, it would be occupying a unit I intend to live in because my unit will be done first, before the other units are complete. It's not that my unit would not be up to code but that I would not have the upgraded water service line called for in a previous inspection complete yet. The upgrade was called because of the amount of points in the building require a wider service line due to water pressure concerns. With only 1 of 4 floors occupied, there won't be a water pressure issue. So for me, I am currently paying rent to live in the apartment with my family while the work is being complete - why keep doing that if my unit is complete and up to code but the others are not? What if (and this is not the case) I ran out of money in the project and couldn't finish the other units? Would I still not be allowed to move into my own unit?
In the other scenario, we were talking about letting tenants move in as units became ready. It's a way to get cash flowing in while work is still being complete on other, more complicated units. Can one get a CO on one unit when the permit itself is for the entire building?
I totally understand. You can get occupancy (temporary) for unit by unit, but its up to the discretion of the inspector. As long as the common area (exits) are compliant and do not interfere with any safety issues, it seems to be a reasonable request. I deal with a lot of inspectors since I teach code classes to the designers, engineers, inspectors, contractors etc. If you need help message me at my inbox.
I believe if it must not have life safetly violations, if it is okay than a "temporary certificate of occupancy" can be requested but there are some stipulations.
Here from Chicago codes of ordinance:
Sec. 22-22. - Certificate of occupancy—Sale or conveyance of title.
If the inspection reveals violations of the City Code, excluding "life-safety" violations, as determined in the sole discretion of the code enforcement department, the subject property may be issued a "temporary certificate of occupancy" to permit the property owner to remediate said violations while occupying the property. A "temporary occupancy certificate" shall be valid for a period not to exceed six (6) months, and a monetary "repair escrow" must be deposited with the city clerk prior to same being issued subject to the following conditions:
emporary occupancy certificate repair escrows . To obtain a temporary occupancy certificate a property owner or his/her agent must first present to the director of the code enforcement department a written estimate of the cost of the repairs required by the code enforcement department's inspection report of the subject property. Said estimate must be prepared and signed by a contractor licensed by the City of Chicago Heights. The director of the code enforcement department shall have sole discretion in determining whether said estimate is an adequate reflection of the estimated cost of the required repairs. Escrows which do not exceed $500.00, may be modified or waived at the sole discretion of the director of the code enforcement department.
Check out their site it may answer some of your questions.
@Danny F. that is the code for Chicago Heights, not Chicago which are not one in the same.
@Michael Rossier This is a small multi-family property. Not everything is always being done at the same time so one unit can be complete before another. Why would I wait until all of the units are complete to start leasing? So the contractor may be done with the work for one unit but the permit is for ALL of the units because it is A (as in a single) multi-family home.
@Jim Gramata This is interesting. I am curious to know what @Kenneth Garrett (who has been SUPER HELPFUL!!!) has to say about that. Kenneth?
When projects are involved in a multiple unit building it really depends on what you are doing. A new C.O. is not always required. Provided the common areas are free and clear and the life safety issues are compliant then approving individual units one at a time is perfectly acceptable. They may ask for individual permits for each unit to allow occupancy in each unit. Unfortunately this is very subjective. I have issued building permits for many multi-unit buildings and if the owner explains what the plan is upfront than I will try to work with them.
Agreed that in a multi unit the common areas must be habitable and in almost complete working order. It makes sense you'd not want a dangerous condition in the path from the entrance to the unit door.