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Old 08-20-2008, 01:16 PM
 
1 posts, read 9,040 times
Reputation: 16

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here is my situation:

august 2007 bought a house in farmingdale that has a mother/daughter setup with its own little kitchen downstairs and its own separate entrance to the outside of the house, we bought it like as is and the house PASSED inspection otherwise my husband bank was not going to approve the loan since it was through the police department/pba

mother in law who is 77 is on the title/loan to house with my husband

she decided not to come with us yet so it was just me, the husband and kids

my best friend is in the middle of a divorce and needed a place to stay with her 2 kids and is staying with me, we work together in the same office, commute together etc, she's been with since february

some jerk neighbor across from me made a complaint to the town of oyster bay that i have an illegal apartment, they came by and inspected my house and now i have a court appearance on 8/25/2008 to answer for "permitted uses", since i have the kitchen downstairs and that is illegal according to them and no one is supposed to be sleeping in the 2 bedrooms downstairs

so now my best friend has to leave her job here in ny, go back down to maryland to stay with her ex mother in law and they want me take everything down and i dont have the money to be doing that and not to mention i wasnt renting or trying to anything illegal, im getting screwed b/c of a neighbor who apparently doesnt like me and im sorry to say it might be b/c im hispanic in an all white neighborhood and my best friend is african american....and thats what bugs me the most b/c i never thought in a million years i'd be discriminated against ever....but anyway....

so she is leaving and now no one will be downstairs so what legal recourse/info can anyone give me?

the stove i know they want to go which is not hard to take out, you just unhook the gas and pull it out but i dont have the $2000-$5000 contractors are asking to rip out the plumbing and pull down the cabinets

does anyone know what the fines are from the town of oyster bay if i cant get this done? and if no one is downstairs do i have to still take the cabinets/sink out? the stove i dont care about

any info or if anyone can point me in the rigth direction to find that info would be greatly appreciated....
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Old 08-21-2008, 10:05 AM
 
Location: Kings Park & Jamesport
3,180 posts, read 10,499,376 times
Reputation: 1091
Your first mistake was letting them in. You could have asked them to leave your property and they would have to comply.

I know what you we trying to do was the right thing but it was still illegal.

I would not touch the basement and hire an attorney as soon as possible.

Good luck!
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Old 08-21-2008, 10:15 AM
 
155 posts, read 297,231 times
Reputation: 18
Quote:
Originally Posted by liandrajade View Post
here is my situation:

august 2007 bought a house in farmingdale that has a mother/daughter setup with its own little kitchen downstairs and its own separate entrance to the outside of the house, we bought it like as is and the house PASSED inspection otherwise my husband bank was not going to approve the loan since it was through the police department/pba

mother in law who is 77 is on the title/loan to house with my husband

she decided not to come with us yet so it was just me, the husband and kids

my best friend is in the middle of a divorce and needed a place to stay with her 2 kids and is staying with me, we work together in the same office, commute together etc, she's been with since february

some jerk neighbor across from me made a complaint to the town of oyster bay that i have an illegal apartment, they came by and inspected my house and now i have a court appearance on 8/25/2008 to answer for "permitted uses", since i have the kitchen downstairs and that is illegal according to them and no one is supposed to be sleeping in the 2 bedrooms downstairs

so now my best friend has to leave her job here in ny, go back down to maryland to stay with her ex mother in law and they want me take everything down and i dont have the money to be doing that and not to mention i wasnt renting or trying to anything illegal, im getting screwed b/c of a neighbor who apparently doesnt like me and im sorry to say it might be b/c im hispanic in an all white neighborhood and my best friend is african american....and thats what bugs me the most b/c i never thought in a million years i'd be discriminated against ever....but anyway....

so she is leaving and now no one will be downstairs so what legal recourse/info can anyone give me?

the stove i know they want to go which is not hard to take out, you just unhook the gas and pull it out but i dont have the $2000-$5000 contractors are asking to rip out the plumbing and pull down the cabinets

does anyone know what the fines are from the town of oyster bay if i cant get this done? and if no one is downstairs do i have to still take the cabinets/sink out? the stove i dont care about

any info or if anyone can point me in the rigth direction to find that info would be greatly appreciated....
Apparently your husband is a cop, and it sucks when circumstances like this happen but he should know better. I'm sure the town is showing your husband as much courteousy as he shows every else.
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Old 08-21-2008, 01:01 PM
 
9,341 posts, read 29,568,611 times
Reputation: 4572
liandrajade, does the CO (Certificate of Occupancy) issued by the Town of Oyster Bay include the second kitchen, etc., etc.?

By the way, because you are under the zoning jurisdiction of the Town of Oyster Bay and not the Village of Farmingdale, your house is located in either the Hamlet of South Farmingdale or the Hamlet of Plainedge, but not in the Village of Farmingdale.
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Old 05-22-2009, 01:32 PM
 
748 posts, read 2,877,802 times
Reputation: 141
What happened with your Mother-Daughter situation in TOB? My brother-in-law is looking to buy a similar mother-daughter type house in TOB, and I was curious as to how much trouble this is going to be.
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Old 05-22-2009, 10:58 PM
sci
 
Location: Hicksville NY
90 posts, read 223,491 times
Reputation: 113
Default Mother daughter

I think in the town of Oyster Bay you need to apply for a permit to maintain a mother daughter residence. I think the permit is renewed every 2 years. Both people have to go before the town board and explain how they are related and swear they will live there. I think there also must be some type of doorway from one unit to the other, as opposed to only outside enterances.
With out the permit I don't know if they allow you to have 2 kitchens in the house or not.
If you bought the house with the second kitchen in it, there should be some paper work with the town. Stop down in Oyster Bay and go to the second floor and ask for the file on the house. You will need section, block and lot numbers. They are on your tax bill. The people at the town are very helpful.
Even with the kitchen removed why are people not permited to sleep in the downstairs bedrooms? Maybe there is not a secondary exit from the room? If this is a basement chances are the windows are not big enough to allow someone to escape incase of a fire. If this is why consider this a blessing in disguise, God forbid there is a fire and a person can't get out because of windows being too small.
I know no one likes to deal with the town but most of the codes are there for safety reasons.
Call the inspector who came out to the house and talk to him. Explain the money situation, ask [ don't tell] him for his opinion as to they best way to get things taken care of, that you want to comply but are overwelmed and confused. Remember it is in both of yours best interest to get this taken care of.
Good luck
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Old 05-23-2009, 11:05 PM
 
9,341 posts, read 29,568,611 times
Reputation: 4572
Quote:
Originally Posted by sci View Post
With out the permit I don't know if they allow you to have 2 kitchens in the house or not.
I suspect that simply having two kitchens -- this is a growing trend among observant Jewish families, who want a second, Pesach (Passover) kitchen in addition to the year-round kitchen -- is not necessarily a violation of the Town code.
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