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I was reading some more about Accessory Apartment in Town of North Hempstead and stumbled across this article. This Article is specially focused on Town of North Hempstead.
Does this article mean that one cannot have legal accessory apartment in Town of North Hempstead?
"On Sept 22nd, the town board voted unanimously to repeal the law."
I just read that link. Can't believe the Town of North Hempstead tried to sneak something that significant into law. Anyone know if the board & supervisor were vote out last election?
Quote:
Originally Posted by Walter Greenspan
Then, according to the Nassau County Planning Department, and as agreed to by the Census Bureau, you do not live in New Hyde Park. Regardless of the community named in your house's mailing address, only those places actually in the Village of New Hyde Park are in New Hyde Park.
Good info.. So the property is actually in North New Hyde Park, in the Town of North Hempstead then.
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Also, I read this the same way as most here, the owner has an illegal 2-family setup right now, and is looking to convert to legal 2-family M/D. I think it's smart actually going online for info first vs asking the Town directly .
Since at the moment, you have an illegal 2 setup, I believe you will need a variance(approval) from affected neighbors and $400 application fee for conversion to 2-family residence. Are the tenants renting in your house related to you?
Yes. This is exactly what I am looking for. I will continue living in one unit and plan to rent the 2nd floor which is currently setup as M/D but has no permit. So it's set up as a M/D but you don't currently have a permit? Meaning you never renewed the previous permit? Or weren't eligible for the permit? A M/D is truly meant for family members only, so unless that's the situation, you're not even eligible for a M/D.
Q. What are the requirements for setting up legal accessory apartment? Best to find out from your local assessing authority, probably the Town of North Hempstead. You can check online re building codes OR you could go to the building department and ask what the requirements are. Doesn't meant you have to give your address - just find out what the set-back is, parking requirements, etc. I go to Building Depts. all the time and ask about different houses, for either buyers or sellers, and they don't "take notes" about the properties to go and check them out. But if it makes you feel better, you can give them more than one address to "confuse" them
The house already has 2 gas meters, 2 heating zones, 2 water heaters and 2 boilers. It has 1 electric and 1 water meter but separate electric sub panel 2nd floor. All this has been there since last 20+ years. I understand this was done by previous owners with proper permits since they used it as legal M/D. Once you determine that you can comply with current code requirements, you can get a permit and do whatever it takes to make it legal. You can get an expediter who can do a lot of things for you (for a price, of course), or you can do it yourself.
The cost of doing all this may be worth it for the rent you'd be getting - you'll have to figure that one out. If you CAN'T comply with code requirements at this time, maybe you could get a variance - but that depends on what it is.
That's just an overview, not with all details
The house is located in New Hyde Park 11040 (outside the village of NHP) and is part of North Hempstead Town.
You are right! I am asking how to legally be able to rent the existing 2nd unit in my home (which was already setup as M/D).
Yes. I am worried about exactly same thing. Its easier to ask question in a forum instead of going to town and getting in to trouble.
So it's set up as a M/D but you don't currently have a permit? Meaning you never renewed the previous permit? Or weren't eligible for the permit? A M/D is truly meant for family members only, so unless that's the situation, you're not even eligible for a M/D. I never renewed the permit from original owners. My parents only stay with me for couple months in a year. Originally, I was planning to apply permit in their name, in order to atleast have a permit on the file with the town. Before that I am going to try to accomplish the legal accessory unit conversion.
I get a feeling that getting variance from neighbors might not be easy. Urgh!!
So it's set up as a M/D but you don't currently have a permit? Meaning you never renewed the previous permit? Or weren't eligible for the permit? A M/D is truly meant for family members only, so unless that's the situation, you're not even eligible for a M/D. I never renewed the permit from original owners. My parents only stay with me for couple months in a year. Originally, I was planning to apply permit in their name, in order to atleast have a permit on the file with the town. Before that I am going to try to accomplish the legal accessory unit conversion.
I get a feeling that getting variance from neighbors might not be easy. Urgh!!
Unfortunately, sometimes the neighbors are the biggest problem when trying to get a variance But then again, they might surprise you...
Shyguy, I'm in a very similar situation and I'm just beginning to educate myself on the process. I'm very curious to see what you find. Have you contacted the village or town?
I called the village (NHP) and they basically said that you cannot convert a single family to a two family. You can only get a "special exception" to use the home as a M/D and the exception expires with the owner of the application. To find out the status of the property you have to go to the village and complete a FOIA request.
I'm interested in buying a home in the Town of N. Hempstead that currently has a permit for a M/D. We are attracted to the house b/c of the kitchen in the basement. We don't plan to have anyone live with us, beside family and friends for 6 weeks out of the year. Is it possible or necessary to get a permit to keep the kitchen operable? Does the existing permit expire when the tenants move out?
Dear thechinz
As far as I know, I think kitchen in basement is illegal. For a M/D, the second unit should be at 1st/2nd floor combo (as far as I understand).
I do not think you can ever convert the basement into a 2nd unit. This is not possible even in queens where the laws are muc more relaxed.
Best of Luck
Quote:
Originally Posted by thechinz
I'm interested in buying a home in the Town of N. Hempstead that currently has a permit for a M/D. We are attracted to the house b/c of the kitchen in the basement. We don't plan to have anyone live with us, beside family and friends for 6 weeks out of the year. Is it possible or necessary to get a permit to keep the kitchen operable? Does the existing permit expire when the tenants move out?
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But then again, they might surprise you...
Special Exception
