Looking at a house in Holbrook that has an accessory apartment that is not Legal

Asked by Dan, Queens, NY Fri May 16, 2008

Looking at possibly putting in an offer on a house that has an accessory apartment in Holbrook, Ny. The apartment is not a legal accessory apartment. I could make the mortgage payment without the rental income, but it would be tight doing it every month. The apt has three bedrooms, a full kitchen , a seperate entrance and an off street parking spot already. What would have to do to find out what it would cost to make this a legal apartment?

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Mary, Home Buyer, Holtsville, NY
Tue Mar 5, 2013
if apt is more than 40% of the other living space it is not going to qualify for a permit
0 votes
Mary, Home Buyer, Holtsville, NY
Tue Mar 5, 2013
not if square footage in accessory apt is is more than 40% of the main living within
house. it will not qualify
0 votes
Franklin Bla…, Agent, New York, NY
Sat May 17, 2008
Where is the apartment, and I can offer you solutions from there without to much difficulty. Please feel free to email me back with this question and I will answer you.
0 votes
Thomas McGiv…, Agent, Farmingville, NY
Sat May 17, 2008
also - you're getting a mortgage for the property. with two kitchens - you may not get the loan - the BANK will want to see c/o's. period. in this market - 99.9% of the lenders out there are not messing around. you won't get the loan. OR you'll have to have a lender that will hold escrow pending permit extinction - meaning you either get the permit approval or you don't and tear it out. hello!

also - it sounds as if you're looking at homes on your own - mistake. working with a realtor who represents YOU AS A BUYER - is a more sound strategy. it costs you nothing more (and if it did - it would be money well spent). buying real estate is not like buying a car. you can go out and buy a car on your own (and people still mess that up) - this is a HUGE financial decision. you're going into this asking questions on trulia when if you had a BUYERS AGENT representing you - (and they knew what they were doing :) then you would know that the first hurdle is the mortgage and underwriting of the loan.

illegal kitchens, pools, dormers etc can be big obstacles to buyers getting loans. banks aren't messing around.

you can certainly work this out - but FIRST KNOW THE BASICS - you don't want to get into contract and then have to deal with all this. plan first - make offer and the planning ahead will help pave the way to a hopeful "smooth" closing.
Web Reference:  http://www.tommcgiveron.com
0 votes
Gail Gladsto…, Agent, 11743, NY
Sat May 17, 2008
when it comes to this kind of question, it is in your best interest to hear responses from those who live and work in Long Island.

Call the town and see what their requirements are to have a legal accessory apartment. It might be that this apartment meets all the criteria and the sellers did not want the permit because they would have to claim income. They also may have a relative in the apartment who is not paying anything.

the town will tell you what the application fee is and the annual cost which is not usually very high for renewals. Good luck with it.
Web Reference:  http://GailGladstone.com
0 votes
Liz Caraway, , 98027
Sat May 17, 2008
You can't make it a legal appartment unless it is zoned to allow apartments. You probibly can't afford or have the time to wait for a zoning change. If it is zoned to allow apartments, call the city or go down and find out what the requirements are for a legal apartment.

Here where I live, you can rent even if its not a legally zoned apartment or additional dwelling unit on the property. They don't bother you about it unless someone formally complaines about you. You cannot advertise the property in a listing to sell that your property has an apartment unless it is a legal one and you cannot use it for loan purposes etc.....

Liz Caraway
Issaquah, WA
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