Someone called code enforcement on me, for no reason (Islip: assessor, home)

[confusedmomwestislip]

Originally Posted by TomMoser

Keep in mind that the town cannot enter your premises without permission. You can always deny them entry if you choose.

Hi, what happens if I deny them entry?

Could they take me to court? We moved to west islip for peace and a safe area, now I have headache.

I'm home alone all day with the kids, I get nervous having strangers in my home. I don't have family around.

Thank you for your answers,

[I_Love_LI_but]

Originally Posted by confusedmomwestislip

Hi, what happens if I deny them entry?

Could they take me to court? We moved to west islip for peace and a safe area, now I have headache.

I'm home alone all day with the kids, I get nervous having strangers in my home. I don't have family around.

Thank you for your answers,

You CAN deny them entry at first. However, if they really want to see what's going on in your home, they will eventually get in because they can get a court order to do so and you cannot defy the court order.

I would say the quickest way to get this over with and the easiest thing for you to do is make an appointment for them to see your home and check their IDs at the door to make sure they are who they say they are. I doubt the Town is going to send any dangerous characters to see you. Maybe your husband can take part of a day off from work to be there too. I don't know the rules in Islip, but in some places the authorities will not take anonymous complaints and the person complained against has a right to know who did it. If that is the case in Islip, if it were me in the situation, I would find out who complained and have a talk with them so that they do not make this mistake again.

[TomMoser]

Originally Posted by I_Love_LI_but

You CAN deny them entry at first. However, if they really want to see what's going on in your home, they will eventually get in because they can get a court order to do so and you cannot defy the court order.

This is why I asked earlier in the thread whether there is anything on the outside of your home that would lead someone to believe that there is an illegal apartment inside of it. Here in Huntington the law presumes the presence of an illegal apartment for certain things such as 2 meters, 2 mailboxes, 2 front doors, etc. as grounds to assume that there is an illegal apartment unless the homeowner can show otherwise. If none of these things are present, the town would not be able to obtain such an order. I'm not sure what the rules are in Islip.

[kicksave]

Unless there is evidence of an apartment...no judge in his right mind will issue a court order to enter your home! Dont let them bully you around..you have your rights!!

[Crookhaven]

Originally Posted by TomMoser

This is why I asked earlier in the thread whether there is anything on the outside of your home that would lead someone to believe that there is an illegal apartment inside of it. Here in Huntington the law presumes the presence of an illegal apartment for certain things such as 2 meters, 2 mailboxes, 2 front doors, etc. as grounds to assume that there is an illegal apartment unless the homeowner can show otherwise. If none of these things are present, the town would not be able to obtain such an order. I'm not sure what the rules are in Islip.

As I understand it, if the appearace of illegality is there in Brookhaven they can assume it is taxwise (aka hotel) until proven innocent.

Im glad they passed the law.It actually gives the inspectors some teeth.

Nassau has a simlar law on the books.

crooks

[WIHS2006]

If I was an Inspector and someone denied my entry, that right then and there would scream guilt and I would be returning with a court order ASAP.

Why not remove the door that separates the house and then schedule an appoint with the Building Department for an Inspector to stop by?

Denying them entry will only cause more problems as it will raise red flags.

[Kbinspections]

Do not worry.........as long as you do not have a second kitchen, you have nothing to worry about. Let them in and be civil to the inspector. You will be fine.

FYI....alot of people talk too much and get in trouble that way. Never offer info that was not asked by the inspector.

You can also get the name of the person who complained about you from the town by requesting a FOIL form and filling it out.

Good luck!

[AnthonyNYC]

Originally Posted by confusedmomwestislip

Hi, what happens if I deny them entry?

Could they take me to court? We moved to west islip for peace and a safe area, now I have headache.

I'm home alone all day with the kids, I get nervous having strangers in my home. I don't have family around.

Thank you for your answers,

My advice is to deny them entry. As Tom mentioned, unless they have a court order, they are not coming into your home. You can even ask the inspector when he comes. Levy passed a law a while back stating the proof is going to be on the homeowner if you have multiple entrances on the same side of the house, 2 meters, 2 cable lines etc... but if you don't have any of those items, then I would not worry at all.

The town of Islip inspectors are very professional and believe it or not, they are really nice. Someone called the town on my for having an enclosed trailer (I have a race car in there), they came over to look at it. I asked the inspector if I have to allow him entry and he stated "no". He was about to leave but he was such a nice guy that I let him check everything out. He wanted to make sure there was no landscaping equipment in there. We talked for a while. They are a bit intimidating with the badge though.

Anyway, I would not let him into your home for any reason. They will not get a court order. The violation will stay on the house and if you decide to sell, you will have to get it cleared up otherwise it will show up on your title report. It's really not a big deal as some on here may make it out to be.

[Transpl]

I disagree. You have nothing to hide so should spare a few minutes out of your day to get this resolved. By putting this to bed it allows the enforcment folks to move on and target legitimate issues that are affecing quality of life in your town.

Cooperation may be optional, but it's the right thing to do.

[TomMoser]

I agree that the easiest thing to do is to let them in if there is nothing to hide. By pointing out that you are not required to grant them entry I did not mean to imply that this was the way to go.