Rentals in 77055>Question Details

Doreen Salaz…, Home Buyer in Houston, TX

A realtor, knowingly, rented a apt in a area zoned for single family residences.To whom to i report this ?

Asked by Doreen Salazar, Houston, TX Sun Sep 15, 2013

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***There is no zoning in Houston. ****
If the protection you think is in there is in the deed restrictions for the neighborhood, you can do three things.
1) Contact the Home Owners' Assoc. and have them enforce the restriction.

2) Contact the City Neighborhood protection
Houston:
http://www.houstontx.gov/legal/deed.html
or
Spring Valley
http://library.municode.com/index.aspx?clientID=13553&st…

3) If you live in the neighborhood, you can file suit against the home owner.
Web Reference: http://www.DaveRealty.com
3 votes Thank Flag Link Sun Sep 15, 2013
It seems to me that you have a problem with the way the property is being utilized. Slapping the hand of the Realtor who facilitated this rental will not stop the owner from continuing to use the property as a multi-family rental. If you wish to push the matter, contact the local city officials who oversee zoning matters. They will take to problem up with the owner if it is appropriate to do so.
2 votes Thank Flag Link Sun Sep 15, 2013
What's the problem? Familial status? 1-4 family? I mainly lease apartments. What's the question? Report what?
2 votes Thank Flag Link Sun Sep 15, 2013
ThankedThere are deed restrictions here that these are single family dwellings. Owner has violated this because she was sent a copy of the deed restrictions and ignored. The whole neighborhood is up in arms, as we don't want that kind of arangement here; a lot purchased here because it wasn't allowed , myself included. These are NOT extensions of a family. There are a couple of those nearby and can't prove those. But not the case here.
Flag Sun Sep 15, 2013
Being zoned residential precludes multi family construction. However, it might not prohibit an owner from renting out a residential property. As for the "conversion," do you mean that they had converted the garage to a living space? I wonder about a building permit for that work?
Many neighborhoods contain single family housing, some of which have been rented after the owners moved out.

Barbara Coker
Licensed Mortgage Loan Officer
NMLS#228545
100% Home Loans All Over Texas!
1 vote Thank Flag Link Sun Sep 15, 2013
Doreen,

I would first make 100% sure this is not a violation. Sometimes renting a garage apartment or an extra bedroom in a single family home neighborhood is allowed. There is wording in our standard listing agreements that Realtor can not violate area rules/regulations they are aware of. Examples including restrictions on signage or times to show a home. Of course we cannot discriminate.

The owner would be equally responsible if there is a violation. Is this a deed restricted community? Inside a city jurisdiction? You can report what you know to them and see what they can do, but you likely will not get much help as they have bigger problems to deal with.

As we always mention here, when seeking legal advise, speak to a real estate attorney.

Mark McNitt
m 832-567-4357
Bernstein Realty, Inc.
1 vote Thank Flag Link Sun Sep 15, 2013
An agent, in many cases is only as good as the information they are provided......Real estate agents are bombarded by misinformation very regularly and by sources that one would believe should be accurate. The local tax records, customer, HOA, etc. are all potential sources for problems.

Sounds like this could be perceived as a "zoning" violation. Your concern should be directed to your local municipality for their response. It's also quite possible that they could be doing nothing wrong. Get the facts before offering the punishment.

Good luck,

Bill
1 vote Thank Flag Link Sun Sep 15, 2013
This is a matter for the HOA. They have the authority to act.
0 votes Thank Flag Link Sun Sep 15, 2013
The problem is all this is pretty difficult to prove in most circumstances.

I'd check with planning and zoning in your city or your city council person to see if they see it as a problem or something they want to tackle. The owner of the home may have committed a violation of the P&Z ordinance if there is one....for example if a single family residence has been turned into a duplex, or the owner has created a garage apartment without a permit....and then rented that space. It's the owner you want to go after, not the realtor. The lease would be between the owner and tenant and likely the realtor is not even a party to the contract.
0 votes Thank Flag Link Sun Sep 15, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
We don't have zoning in Houston. I would call the city where the property is located.

Amber Carrillo, AVP/TM/Broker Assoc
Carrington Real Estate Services
0 votes Thank Flag Link Sun Sep 15, 2013
My guess is the Realtor didn't, the owner/landlord did the renting since they own it.
0 votes Thank Flag Link Sun Sep 15, 2013
Reator had a sign in front. When i called, she said it was legal although i knew for a fact that the zoning provisions had been sent to her. The owner rented out the ' house' and already had the conversion rented. When they moved out, she listed coversion with a realtor.
Flag Sun Sep 15, 2013
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