I am selling a house "as is" in Queens NY, and a home inspector found asbestos covering two pipes hidden in a finished basement ceiling.

Asked by d517, 85388 Thu Apr 8, 2010

The only other pipe exposure is leading from the furnace to the ceiling. Is there a NY law that says I have to have this asbestos removed in a "as is"house? House was built in 1925, my realtor never told me this could be a problem. I inherited this house and didnt even know it was there.

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Pierre Calza…, Other Pro,
Thu Apr 8, 2010
BEST ANSWER
Below is the link from the NYC DOB about basement stove rules. Turns out that it is legal if you get permission from DOB - PRIOR to installation. So you are in violation if you have one now.

I can tell you from being a homeowner, buyer, seller, renter and agent that gas stoves in the basement are gerenally illegal. it is a housing violation, if reported you can even get fined. I once sold my own house with a stove in the basement - the condition has to be corrected for the bank to lend.
1 vote
Anna M Brocco, Agent, Williston Park, NY
Thu Apr 8, 2010
Unfortunately, stoves especially in the basement are considered a fire hazard--if your house is a legal one family, only one stove can be on the premises--permit/c/o issues come to play --and most lenders will not lend unless the stove is removed; consider consulting with your attorney as well--listen to your agent, and or attorney-- he/she are your best guides.
2 votes
Trevolyn Hai…, Agent, Highland, CA
Thu Apr 8, 2010
Hello,
My understanding is that as long as the asbestos is not disturbed (i.e. cut, scraped, moved, etc.) it shouldn't be a problem to the homes residents.
You can sell your home 'as is', but just make sure to disclose this to your buyers (anyone buying a home that is almost 100yrs old will probably be understanding).
I would also get a couple of quotes from certified asbestos remediation companies for removing the asbestos, that way if there is an issue, you can then decide how you want to proceed (having it removed, maybe a credit to the buyer & let them do it, or waiting for a buyer that will accept it) based on your offers.
Good luck & have a great day!
Trevolyn
909-262-6221
2 votes
Anna M Brocco, Agent, Williston Park, NY
Thu Apr 8, 2010
Yes, you should remove stove and cap the gas line if applicable--what is your agent advising--if you don't have an agent and you need additional assistance feel free to directly e-mail me--
1 vote
Anna M Brocco, Agent, Williston Park, NY
Thu Apr 8, 2010
Asbestos, can be found in many older homes--it should not become a problem if it's properly encapsulated--or you can choose to hire a professional for removal and disposal--your attorney and agent can advise you as well. See link for additional information.
http://www.epa.gov/asbestos
1 vote
Therese L Ko…, Agent, Bayside NY 11361, NY
Thu Apr 8, 2010
Hi, Asbestos is not a major problem- 1st of all if you chose to remove-it is approx $12.00-$15.00 a linear foot-not that big of a deal or may have minimum about $500.00. In an estate sale-you are not responsible- since you did not live there- do not know much about the house-you are not even responsible for the property condition disclosure or the $500.00 if it is not filled out.. Need name of an Environmental Co give me a call Terry K 718-614-3167 cell or email me therese.korahais@elliman.com
1 vote
d517, Home Owner, 85388
Mon Aug 2, 2010
House sold in June, removed trace amounts of asbestos only...rest was removed years ago
0 votes
Therese L Ko…, Agent, Bayside NY 11361, NY
Thu Apr 8, 2010
Do you have a buyer yet????Is the buyer asking for it to be removed? I would wait and see what the buyer says before doing unnecessary work. Whoever is cleaning out the house can take out the stove after it has been disconnected. I am sure your agent could get you a licensed plumber to cap the gas line if/when you have to. Or give a $200.00 -$300.00 credit to the buyer and be done with it. So many homes have an extra stoves- It's certainly not unusual, not that you can't have another stove- it is that usually these gas connections are not done according to building codes( illegal kitchen)...which is the main problem......
As for the asbestos being incapsulated- usually the cost is almost the same as if you had it removed.
Terry K 718-614-3167 cell
0 votes
d517, Home Owner, 85388
Thu Apr 8, 2010
I do have an agent and she is advising to take it out...but if the stove was not used as rental, then why cant a homeowner in NY have an additional stove for their own use?

I am just trying to verify removing the stove. I live in another state, and am not familiar with this law....if it's really a law, where can I find it?
0 votes
d517, Home Owner, 85388
Thu Apr 8, 2010
One other question: this inherited house also came with a second stove in the basement that the owner used to cook on holidays...I am told I have to remove it because the NYC Dept of Building says you can only have one stove in a one family house...is this true? sounds like bs so me. It is not being used as a rented basement, yet I am told because a stove is there, it is assumed to be.
0 votes
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