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Old 01-13-2010, 07:27 AM
 
Location: Queens
9 posts, read 18,789 times
Reputation: 12
Default NYC Notice to Call For Inspection

Hello All -

Yesterday I was hit by a suprise when I walked into my house. There was a notice to call for inspection. Then I Checked in the department of Housing website and saw that there are two complaints filed against me.

1) Illegal Swimming pool built without Permit - Yes I have a swimming pool
which is already there when I purchased my home last year. It is above the ground and I used it all summer.

2) Illegal Basement conversion and tenant living - Yes I have a room, stove and bathroom in my basement but it is empty and no one is living there. I swear to god there is no one living there.

I am suprised who may have filed complaint against me. I remember I had a verbal back and forth with the neighbor about parking 12/24/2009. She had parked in my driveway and I had asked her to remove it. She did not seem happy. I do not think she would have file the complain becuase the
complain DATE Is 12/21/2009. Can they bcakdate the complain?

My next question is -- what should I do? What will happen If I do not respond to the letter they left at my door? Can I have a tub and shower at the basement

Would highly appreciate if someone explains me the procedure. Will they
fine me if I let the inspector in? Also, what does it take to legalize
above the ground pool?

You help will be highly appreciated

Also, please let me know what will be good thing for me..should I call
and let the inspector in?

Thanks in advance
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Old 01-13-2010, 10:28 AM
 
Location: Out of this world
277 posts, read 760,181 times
Reputation: 146
If you call the inspector they will enter the house and most likely apply violations and maybe fines. It doesn't matter that you bought the house with a pool. All the city cares about is who owns the house now.

If you don't have an angry tenant then I would bet your neighbor called. I would also bet that this neighbor will keep calling.

Hopefully, you guys can get along.
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Old 01-13-2010, 10:36 AM
 
Location: Queens
9 posts, read 18,789 times
Reputation: 12
Default Hello

Hello - Thanks for the answers. Is there a way to rectify the pool. I have been doing some searches and do not see any document. How could I make the pool legal. What would be the fine?

Also, I had grudge with neighbor on Dec 24 but the complain date is said to be Dec 21. Can they backdate the complain date? This is the only neighbor I had grudge with. Please let me know
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Old 01-13-2010, 02:34 PM
 
8,752 posts, read 9,036,887 times
Reputation: 4168
I can tell you I had a request for inspection. It was submitted by con-edison..they believed I did an illegal oil to gas conversion. They attempted to gain entry to inspect a couple of times during the day, however we work so nobody was home. I would not have let them in anyway. I never called, and simply ignored the whole thing. After two or three attempts to gain access to inspect they simply closed the case due to "inability to gain access." Case closed.

My advice is to simply ignore it. If they want access, let them get a warrant to enter, otherwise, I would not call them or acknowledge that you knew about the request for inspection.
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Old 01-14-2010, 09:42 AM
 
Location: LES & Brooklyn
477 posts, read 1,210,322 times
Reputation: 333
It takes a while for them to pull up paper work & serve you with an inspection. Someone would have put this complaint in months ago & the city is just now getting to it. Its not an overnight process. You have think of who ticked you off months ago :-)
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Old 01-14-2010, 10:45 AM
 
Location: Queens
9 posts, read 18,789 times
Reputation: 12
Default hello

Thanks...
whats your recommendation..
just ignore the inspecters?
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Old 01-14-2010, 02:31 PM
 
Location: Brooklyn New York
12,067 posts, read 11,013,296 times
Reputation: 13408
just ignore them, Like you said you all work and are not home during the day, and I know you do not have the time when you get home.........
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Old 12-19-2010, 01:49 PM
 
1 posts, read 2,871 times
Reputation: 10
Default If I ignore the notice of inspection, how long would it take to go away or for the case to close

Quote:
Originally Posted by nightcrawler View Post
just ignore them, Like you said you all work and are not home during the day, and I know you do not have the time when you get home.........
I got one notice to call for inspection for my basement as well. I checked the website and it seems like someone filed a complaint around thanksgivings :-(
I am thinking our new neighbor didn't like us.
If I ignore the notice of inspection, how long would it take to go away or for the case to close?
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Old 12-19-2010, 03:23 PM
 
Location: Neither here nor there
1,810 posts, read 4,057,371 times
Reputation: 506
In a perfect world we would all have neighbors who abide
by "live and let live" but unfortunately that is not the case.
If I wanted to I could call and file complaints against some
of my neighbors but it's just not worth the hassle.
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Old 12-19-2010, 03:51 PM
 
Location: NY,NY
2,901 posts, read 4,387,319 times
Reputation: 1835
Why not do the RIGHT thing?

Regarding the pool, no way to know....

Regarding the basement, it is most likely illegal. It doesn't matter whether you have a tenant or not. The addition of a kitchen and bathroom was most likely done illegally. If the pool was done w/o permit, one could imagine the same regarding the basement.

What to do?

First, find and contact a *good* real estate attorney. Simple have him deal with it. The cost s/b be minimal to begin. What can/will he do?

a) He'll contact the previous owner/owner's attorney, and determine whether the additions were, to the owner's/attorney's knowledge, done properly.

b) He'll review the sale contract agreement to determine financial liability; whether the previous owner was/is responsible re any violations existing or unknown at the time of closing.

It'll be dependent upon the contract terms. If it was a *good* contract the previous owner will be liable, but you'll probably have to sue and force the previous owner to accept responsibility and come up with the cash.

c) Advise you and/or hire the professionals to determine and correct what ever, if any, violations may or may not be existant.

d) Arrange for the inspection and negotiate with the city regarding in any fines; most likely there won't be any as long as you show the city you, a) weren't aware b) inherited the violations, and c) are being diligent and compliant in correcting the violations. Having the violations corrected is the city's main goal. The fines are its main and only weapon. Compliant property owners often have fines significantly reduced and/or rescinded.

Even if you don't have the money to, a) cure the violations and b) for attorney's fees, still consult with a knowledgeable attorney. The consultation fee will be very minimal or free. With the consultation you'll know precisely where you'll stand----and most of all have the contract reviewed in relation to the previous owner's responsibility.

The above is the right and adult thing to do. Ignoring the circumstance is just immature---though financially might be your best *immediate* option.

Luck!

P.S., cost s/b in the range of $250 to $2000 (maybe $2500). It all depends on what's necessary. A letter and and a call or two, and a review of the contract, $250 - $500. Dealing with the violations and suing the previous owner, $1500 to $2500, depending upon the necessary involvement. I'd budget $500 to $1000, as a retainer, to get things started.

Again luck!
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