how to buy a mother daughter house with an expired permit? (sale, apartment)

[geethal]

how to buy a mother daughter house with an expired permit in TOH? CO is expired for the mother daughter apartment. can the seller remove the kitchen stove and make it single family without renewing the CO? please help!

[Sheridan_the dog]

yes

[Pruzhany]

Yes. Also remove the outlet and replace with a solid cover.

[geethal]

FYI, I got two very detail answers as below from somewhere else. thank you all for your support.

My understanding is that any subsequent purchaser would be required to obtain a new permit for a mother/daughter home. Even though there may have been a permit for the mother/daughter status, this is temporary and lies with the current homeowner. The home most likely always was a single family home with a "permit" for the mother/daughter status and has a CO for such single family status.

If the home does not have a valid permit for the mother/daughter then the stove is most likely in violation of the CO for the home. Therefore, the seller would remove it for the sale of the home. If you are contemplating using the home as a mother/daughter again, you might think about asking the seller to leave the stove, unconnected, either in the basement or the garage, for your future use.

Regards,
Arlynn

Arlynn B. Palmer, ESQ, SRES, CBR, CMS, CNS
Associate Broker, REALTOR
Coldwell Banker Claire Sobel

You need to check the property classification to make sure that it is actually a single family home. Since the last mother daughter permit expired in 1992 people may have forgotten the actual classification when purchased. This can be done by having your attorney do a title search, or if the current owner has the original contract of sale it may be noted or you can go to the TOH building department and check the file for that address. You may find some interesting information. Look for any violations and to see if there actually was a mother daughter permit prior to 1992. Check for any other violations. You only need to fill out a FOIL form to get the file.
If everything is in order have the seller remove the stove as Arlynn suggested. Then you can purchase the home and apply for mother daughter status.
Prior to purchase the real problem is not with the TOH since the purchase is a private transaction. It becomes a consideration if you are getting a mortgage. The appraiser will note that the home is a single family dwelling but has 2 cooking units. The lender will then ask to have the stove removed since it is most likely a code violation and violates the lending guidelines. Good Luck!

Allen Bauman
Century21 Yve Realty
Licensed R.E. Agent
NYS Certified Residential Appraiser