Thinking about buying a house that has an apartment... (Brookhaven: sale, apartments)

[anthonylongisland]

The house (In Rocky Point) has a rather nice apartment attached to it (own seperate enterance). The people who lived their currently did not make it a "legal" apartment because they only had family living in the space. I am thinking seriously about buying the property. I do not have to rent it out to afford to live there, but it does seem like a great option.

What steps would I have to do to make it a "legal" apartment? Any rough ideas as to how much it effects my taxes for that house? Are there any sites that have this information to read through?

[I_Love_LI_but]

You have to ask the township (Brookhaven?) if that home is zoned for possible two-family occupancy and what has to be done to accomplish that. Some accessory apartments can never become legal depending on the local authorities.

If they say yes, you can make it legal, your taxes will go up because it is income property. If you don't have to rent it out, why do you want to make it legal? The property tax status will be two-family even if the apartment stays vacant and taxes will cost you considerably more.

Check that the house has proper CO and building permit history. (I doubt it does have building permits for the apt. since they admitted the apt. is not "legal.")

Bringing it back to 1 family requirements before the house closes is the seller's responsibility, not yours.

Make it a condition of sale that they:

Take out stove and kitchen sink from apartment. Take out dishwasher too if there is one. Refrigerator and washer/dryer (if there) can stay.

They might have to remove the bathroom OR get a CO for it.

Have the township inspect the house before closing and the seller should do anything additional required to return the home to its proper status as a single-family house.

PS: Even though they only had "family" living there, that is no excuse as they still needed to make it legal in terms of making it a "mother/daughter" house (which can only be occupied by close family; NOT rented out to strangers for income).