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Old 08-12-2014, 11:36 PM
 
3 posts, read 3,472 times
Reputation: 10

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I'm nervous about asking considering the torment I've endured over the last month, but here goes.

We were set to close this week or next on a home for which we signed a contract in early June. The home was listed by a local real estate as legal 2 by CO.

In July, the town inspected an unrelated aspect of the home and may have permanently cancelled the permit.

We've heard that all legal 2 by CO homes were canceled by Sandy (???) as well as that whatever happened after the contract was signed means we cannot retain this status.

That's one of a few town-related headaches, but resolving this issue has been kafkaesque and like a distilled trip to the DMV that, if fruitful, means you will move to a van down by the river.

One RE agent's blog stated that Legal II by CO status in Babylon is attached to the property and not the home, ergo modifications are not grounds to revoke the status.

I just wanna get what we bought and move in. I'm exhausted. I can't feel my legs. We have agents, brokers, expeditors, architects, and cursed town inspectors rappelling in from the rooftops constantly but no one can seem to answer this simple question.

What happened to my legal 2 by CO? Did Sandy wash it out to sea? I asked a woman at the town for a copy and list of changes on my lawyer's instruction and she refused to give it to me. I politely thanked her and left and she told someone I know I was rude and screamed at her. I didn't even get terse!

I get it, I get it, the town can declare the home a protected habitat for baby warbling seals and ruin my life more but I just want a place to stick my makeup brushes and watch Outlander, not a mansion made of solid gold bricks.

Help me, help me, someone please help me.
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Old 08-13-2014, 03:43 AM
 
11,025 posts, read 7,831,231 times
Reputation: 23702
The real estate agent told you it was a legal two family? Were you ever shown any document that proved that was true?

Agent's blogs mean nothing and what you "heard" also means nothing. What does the tax bill state? Where is the CO?
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Old 08-13-2014, 05:55 AM
 
176 posts, read 406,385 times
Reputation: 96
The status of the home would be deeded and could not be revoked. Even a change of zoning would still leave you with existing use as grounds to continue the rental. Something isn't right here. Probably it was listed in misleading way. It sounds like you have already purchased the home. What does the contract and deed filed with the county say? This is where the answer lies.
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Old 08-13-2014, 06:41 AM
 
413 posts, read 598,661 times
Reputation: 433
No wisdom to help but I did enjoy your post and wish you much luck and a quick resolution.

"Legal II?! Fence?! Shed?! No way, we want your first born and 3 pints of blood."
"Protected habitat for baby warbling seals?!? Oh, just fill out form xyz and pay $50." Done.
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Old 08-13-2014, 07:08 AM
 
Location: under the beautiful Carolina blue
22,665 posts, read 36,764,249 times
Reputation: 19880
No one cann answer your question because they make up rules as they go.

As someone said where is the CO in question? Let the town show you then revocation in writing

Last edited by twingles; 08-13-2014 at 07:39 AM..
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Old 08-13-2014, 07:36 AM
 
Location: Inis Fada
16,966 posts, read 34,702,389 times
Reputation: 7723
Quote:
Originally Posted by kissyboots View Post
I'm nervous about asking considering the torment I've endured over the last month, but here goes.

We were set to close this week or next on a home for which we signed a contract in early June. The home was listed by a local real estate as legal 2 by CO.

In July, the town inspected an unrelated aspect of the home and may have permanently cancelled the permit.
I am not familiar with the term "Legal 2 by CO" but one thing which stands out in your post is that you've mentioned "cancelled the permit".

Normal circumstances would have a person going to the town with plans for a 2 family home. You need permits and inspections in order to get a CO.

Is it possible that this was an accessory apartment permit that was canceled, and that the listing agent accidentally labeled the home 'legal 2 by CO'?

Reading your post, I recalled someone else who posted on the site about a similar issue. I dug up the thread for you to read and see if there are any similarities in predicaments.

//www.city-data.com/forum/long-...mit-legal.html
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Old 08-13-2014, 07:37 AM
 
4,538 posts, read 6,445,137 times
Reputation: 3481
Only if house was over 50% destroyed in Sandy and was rebuilt with permits and as such considered new construciton could there be a chance it is re-zoned.
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Old 08-13-2014, 07:37 AM
 
Location: Inis Fada
16,966 posts, read 34,702,389 times
Reputation: 7723
Quote:
Originally Posted by marigold69 View Post
No wisdom to help but I did enjoy your post and wish you much luck and a quick resolution.

"Legal II?! Fence?! Shed?! No way, we want your first born and 3 pints of blood."
"Protected habitat for baby warbling seals?!? Oh, just fill out form xyz and pay $50." Done.
Long Island is known for its stellar pizza, TSA proof bagels, and the lovely warbling seal.
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Old 08-13-2014, 05:56 PM
 
3 posts, read 3,472 times
Reputation: 10
Quote:
Originally Posted by kokonutty View Post
The real estate agent told you it was a legal two family? Were you ever shown any document that proved that was true?

Agent's blogs mean nothing and what you "heard" also means nothing. What does the tax bill state? Where is the CO?
Taxed as a legal II by CO. I am in possession of the CO.

Quote:
Originally Posted by Frankie1 View Post
The status of the home would be deeded and could not be revoked. Even a change of zoning would still leave you with existing use as grounds to continue the rental. Something isn't right here. Probably it was listed in misleading way. It sounds like you have already purchased the home. What does the contract and deed filed with the county say? This is where the answer lies.
Contract is not in our possession. I have to see about the deed.

Quote:
Originally Posted by twingles View Post
No one cann answer your question because they make up rules as they go.

As someone said where is the CO in question? Let the town show you then revocation in writing
I asked and they refused to give it to me! I do have the CO but the revision is being withheld. It does feel like they make it up

Quote:
Originally Posted by OhBeeHave View Post
I am not familiar with the term "Legal 2 by CO" but one thing which stands out in your post is that you've mentioned "cancelled the permit".

Normal circumstances would have a person going to the town with plans for a 2 family home. You need permits and inspections in order to get a CO.

Is it possible that this was an accessory apartment permit that was canceled, and that the listing agent accidentally labeled the home 'legal 2 by CO'?

Reading your post, I recalled someone else who posted on the site about a similar issue. I dug up the thread for you to read and see if there are any similarities in predicaments.

//www.city-data.com/forum/long-...mit-legal.html
Thank you! It was definitely legal 2 by CO and not accessory.

Quote:
Originally Posted by SandyJet View Post
Only if house was over 50% destroyed in Sandy and was rebuilt with permits and as such considered new construciton could there be a chance it is re-zoned.
Part of the issue is that the Sandy damage was repaired without permits.

Thank you everyone for the insights! It helped a lot!
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Old 08-13-2014, 07:54 PM
 
3 posts, read 3,472 times
Reputation: 10
Does anyone know if there are grounds other than those mentioned upthread (more than 50% renovation, not the case) that would be legal grounds to revise a legal II by CO designation?

And are there other remedies to reverse a letter of revision if that is not the case?
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