Real Estate Law (Babylon, Fine: apartments, renters, assessor)

[omigawd]

Hello,
I know there are a couple of Realtors on these boards.... is there anyone who is well-versed in Real Estate Law?? Specifically regarding illegal apartments in the Town of Babylon????

Thanks!

[rusty78]

Originally Posted by omigawd

Hello,
I know there are a couple of Realtors on these boards.... is there anyone who is well-versed in Real Estate Law?? Specifically regarding illegal apartments in the Town of Babylon????

Thanks!

....You don't like your neighbors...or possibly their renters....don't ask a realtor....instead....contact the building department in your town and report them........the building department will come by...do an inspection....and hopefully issue a summons....then...if you really do not like them....contact the town appraiser/tax assessor and report the illegal apartments to him/her as well.......it is simply amazing what a tax increase coupled with a bill for back taxes will do...especially if the renters have children using the school system....and finally....if you really hate them...contact IRS and State Tax......and ask them if the owner's are reporting that extra income they are receiving........then sit back and watch the POOP....for I promise you...it will be hitting the fan!!!!

[TomMoser]

Here is Babylon's town code on illegal apartments:

Chapter 153: Multiple dwellings

It is unlawful for the owner, owner’s agent, real estate agent or any person w/ authority over any residential building, apartment building, multiple-residence building, etc and any units contained therein to allow the occupancy of these buildings where the owner does not reside therein to not obtain a rental permit. It is immaterial whether rent or any other consideration is paid to the owner by the occupant of the dwelling unit.

It is unlawful for any person to occupy any residential building, apartment building, multiple-residence building, etc and any units contained therein until a valid rental permit has been issued for that residential building, apartment building, multiple-residence building, etc. It is immaterial whether rent or any other consideration is paid to the owner by the occupant of the dwelling unit, or that the person occupying the residential building, apartment building, multiple-residence building, etc. and any units contained therein had knowledge there was not a valid permit.

Makes it unlawful for any person, broker or agent to list, show or otherwise offer for lease, rent or occupancy any dwelling where a current rental occupancy permit has not been issued.

It is the person’s, broker’s or agent’s duty to verify the existence of a valid permit before listing, showing, or offering for lease, rent or occupancy any building or dwelling unit in Babylon Town.

Lists the telltale features where it will be presumed that a single or one-family dwelling unit is occupied by more than one family.

The nine-member Accessory Apartment Review Board shall hear all accessory apartment permit applications and renewal of accessory kitchen permit applications and make a final determination as to whether the applicant should be granted any such permit. It shall be a violation to have an accessory kitchen in any premises without a permit or with an expired permit.

Fines:

$250-$1000, and/or jail up to 6 months, or both for conviction of a first offense.

$1000-$1500 and/or jail up to one year(conviction of a misdemeanor) or both for conviction of a second offense, both of which were committed w/ in a period of 5 years.

$1500-$2500 and/or jail up to one year or both for conviction of a third offense, all of which were committed w/ in a period of 5 years of the second conviction

Rental Unit law was adopted on 6/6/78. Last amended on 8/8/05.

[omigawd]

Thanks for the info Tom.... what happens to the tenants? They have to vacate within 30 days, right? The house I'm speaking of is zoned as a 1 family and the slumlord has it cut up into a FOUR FAMILY.... He lives upstairs, he rents downstairs, the basement, and the garage is converted into an apartment. All four units have full stoves (electric - 220V) and sinks.

[omigawd]

Rusty, Too funny!! LOL!! I could just see the slumlord pooping in their pants over it.... I would LOVE nothing more than to see them get fined by the town, the tax assessor, the fire marshalls, the IRS, and the NYS Dept of Taxation/Finance....

[TomMoser]

Originally Posted by omigawd

Thanks for the info Tom.... what happens to the tenants? They have to vacate within 30 days, right? The house I'm speaking of is zoned as a 1 family and the slumlord has it cut up into a FOUR FAMILY.... He lives upstairs, he rents downstairs, the basement, and the garage is converted into an apartment. All four units have full stoves (electric - 220V) and sinks.

They will definately be evicted. Depending upon the severity of the situation, they could be ordered out immediately.

[omigawd]

Originally Posted by TomMoser

They will definately be evicted. Depending upon the severity of the situation, they could be ordered out immediately.

The one thing I really wonder about, though.... does the Town of Babylon take this stuff seriously? Or do they just pussyfoot around and give "warnings" and then forget about it until the next person lodges a complaint against the same slumlord?

[TomMoser]

I think they take it pretty seriously.

[cottercutie]

I would think after the deaths last year in that apartment on Sunrise from carbon monoxide that the town would (and should) take it seriously.

We reported our old apartment, it's not owner occupied, it's a single cut up into 3 apartments and the basement is a death trap, IMO, among other issues there. The lady with Town of Babylon wasn't the nicest, I'll tell you that.

Be prepared to tell why you think it's illegal, where the entrances are, name etc.

[omigawd]

Will do..... This slumlord totally deserves to get busted and fined up the wazoo..... I'm going to inform the town and absolutely DEMAND that something gets done. I would think that if I was enough of a pain in the ass and kept calling, following up, taking names, etc. they would have no choice but to do something.

Also, it's true.... that family died for no reason other than a scuzzy slumlord who was out to make an easy buck. I read in the paper a few weeks ago that he's insisting on acting as his own attorney... what a moron!! The judge ordered a psych exam on him so he can't pull any crap on appeal later that he was incompetent to defend himself or something..... I hope he is convicted and goes away for life.