what is the penalty for illegal basement (tenant, accepting, lawyer)
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I own a 2 flat apt building in chicago. My daughter has been living in my basement since she was laid-off few years ago. I finished the basement for her with kitchen unit and a small bedroom. It seems a neighbor reported on me to the city as my daughter answered the door bell where a city worker came by. She was told that the owner (I) will receive a letter soon from the city.
What would be the consequences when I receive a letter?
You'll have to bring everything up to code with the associated permits and inspections...and probably a penalty for not getting said permits in the first place.
If it's not up to code, or basement apartments are illegal (they are in some places - cannot have a kitchen below grade) then you'll have to rip it all out.
It's probably no big deal if you got permits to do the work.
Then again, it's Chicago, so it's a "always in your business" type of city government. Chances are they're probably going to hammer you pretty hard if you didn't get permits.
Also, is your daughter paying rent? If so, she's technically a tenant, so expect another horde of fines and code checks.
Don't worry, you won't be going to jail or anything.
There are so many areas in the country you wouldn't even be bothered, and no one would knock on your door, unless, it were an exterior violation with a complaint filed. It's a shame if these posters are correct. I keep hearing how Chicago finances their programs with fines. If true, I hope it's worth it.
If I remember correctly, basements to be legal need to have a separate entrance/exit than the rest of the house. What makes a basement illegal is having a kitchen and a full bathroom. The city will probably fine you and tell you to tear one or the other out. ( If I remember it correctly, it has been many years).
Take out the stove and the kitchen is a wet bar. Your daughter is a family member, after all. It may be time to lawyer up. Sorry that this happened to you.
Whatever you do, don't beat yourself up over this. What you did would hardly cause a ripple in a lot of our country.
I'm in NY so your situation may be different but here it's ok to have a family member living in a basement apartment as long as you're not accepting rent and there are two ways out of the apartment in the event of fire.
But you installed a kitchen. They may come after you for not having the proper permits. I would check with a lawyer and ask him. Maybe there's something you can do to the apartment before the city gets their hooks into you. He might suggest you remove the stove before they come back.
My neighbor had an illegal basement apartment that she rented out and someone turned her in for it. She had to pay a hefty fine but that was because got money in the form of rent.
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I thought the penalty was death for such an atrocity. Glad my jurisdiction doesn't subscribe to that theory.
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