legal wrights?

Profile picture for abdul1971
i bought house as two family, 14 tennyson st,carteret 07008 nj. in feb. i got a notice from city that i am using asingle famly as two. it was listed as a two famly. any body want to help in this regard thanks,Muhammad Abdullah 732 829 0595
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October 23 2010 - Carteret
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Answers (4)

Muhammad, you should probably first contact the city and explain to them your situation. If there was a misrepresentation by the previous owner, or agent, you will be able to initiate legal action. However, you will not be able to convince the city to change their zoning laws, if the home is indeed located in the single family zone. I hope this helps.
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October 25 2010
Profile picture for Pasadenan
I have attacked no-one..., and I already mentioned the Grandfather clause, and I already mentioned that your standard disclaimer that you put on all your advertisements make it impossible for your client to collect on your error's and omission's insurance.  But if you would like me to check all your advertisements and file official complaints with your local board and the state licensing authority, I have ways to do that.  Besides, if you intentionally misrepresented the property, the Errors and omissions insurance would not cover your liability.

And as I already stated, it is not a race issue!  The same laws apply to everyone!  When will Not About to Read members learn to read?
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October 24 2010
Profile picture for Brian French

Good Morning Mr. Abdullah,

Without knowing all of the background, I would say that there was some misrepresentation and that you DO have recourse.  The agent/seller lead you to believe that you were buying a 2-family home.  Was it being used as a two-family home when you viewed it?  With most municipality's zoning codes, there is a "Grandfather clause" to accommodate for properties that are being used as one purpose but do not comply with the current/new code. 

I must have missed an exchange with Pasadenan for it appears that he is attacking you over race and being intolerant for your spelling/grammar.  I do feel bad that you may feel that this site or the people on here are not a safe/accepting.
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October 24 2010
Profile picture for Pasadenan
wrights?  rights? writes????

No, you cannot rent out a second unit on a single family zoned property legally.  But the city can't define "family" for you either, thus if you have an extended family of un-related individuals, all sharing the same living space, there is not much the city can do about it.  (There are some limitations on "occupancy" for a given size, but even there the limits provide little "enforcement" options when there are no rent payment agreements).  About all they can do is make you remove the second kitchen, and a "wet bar" with microwave for snacks is not a kitchen...

And why do people that make up questions like this always try to pretend that it is a racist issue?  It is not.  The same laws apply to everyone.

It is easy to check the zoning, and easy to confirm what was required for the certificate of occupancy, and easy to check how a listing was written.

If the listing was blatantly wrong, the agent may have some liability covered by their errors and omissions insurance, but typically they have a clause in each listing stating "information deemed to be correct but not verified", thus they typically are not held accountable for any such discrepancies.

You can't have a "two on a lot" that wasn't zoned for such uses and wasn't approved for that when constructed and wasn't "grand fathered" in.

You have no recourse except to comply with the law.
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October 24 2010
 

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