4 to 2 Unit conversion without permit

[biniam berhe]

Hello All,

I have a situation that I recently bought a 2-unit property and I was in the process of transferring the Certificate of Occupancy (CO), the CO I got from the seller shows 4 units and when I apply for a CO I come to know that this property has to be 4 unit but looks like the seller has changed it to 2 units a few years ago without a permit and I feel like I am in trouble right now and DCRA notified me inspection will fail for sure and I have to get all the permits from scratch (Structural, Mechanical, Fire, Electrical, Plumbing...etc). Does anyone have such an experience before? I appreciate for sharing your experience and if there is a better recommendation for me.

[Cheryl Cort]

That sounds pretty messy. DOB has options set up meeting with reviewers (might be for a cost). I'm more familiar with the Zoning meetings, but I bet you could get a building codes meeting too. 

Jean Poitevien might also have some knowledge, but I think this is a building code issue mostly.

[Jeremy Davila]

@Original Poster - Is it more than 10 years since the last CofO was issued?  if not then they wouldn't require an inspection and they should just do a change of ownership.  

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[biniam berhe]

Yes, it is and something I learned when buying a multi-family, it is a great idea to check the CO the seller has. Looks like need to get a permit though I didn't do the conversion from 4 units to 2 units.

[JEAN POITEVIEN]

DOB will require a change of use building permit (from 4 units to 2 units). 

Unfortunately there are lots of properties that have been converted without permits and the buyer is usually stuck with the cost of converting, as well as processing a new CO. Jean 

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From: ad...@googlegroups.com <ad...@googlegroups.com> on behalf of Jeremy Davila <jdavi...@gmail.com>
Sent: Thursday, January 26, 2023 10:13:51 AM
To: Cheryl Cort <che...@smartergrowth.net>
Cc: DC Accessory Apartments Forum <ad...@googlegroups.com>
Subject: Re: [DC Accessory Apartments Forum] Re: 4 to 2 Unit conversion without permit

 

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[Jim P]

Hi everyone. A friend was just offered a crazy high offer for her big near-Petworth-Metro house due to her large lot. She thinks my row with quite deep lot may be worth a lot more than I thought because a developer might be able to plink down 8 condos here.  Any suggestions who has the eyes or ears of developer(s) who might be able to estimate value to a condo builder?

 

Thanks,

Jim

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[biniam berhe]

I have received this message from DCRA today:

"Mr. XXX: Your application was reviewed by Zoning and it has been hold for corrections (HFC) with the following language:

Pursuant to U - 421.1, the proposed Flat, [Two-Family Dwelling] can only be approved as special exception by Board of Zoning Adjustment. Below text excerpt from the Zoning Regulations of 2016.
“In the RA-1 and RA-6 zones, all new residential developments, except those comprising all one-family detached and semi-detached dwellings, shall be reviewed by the Board of Zoning Adjustment as special exceptions under Subtitle X, in accordance with the standards and requirements in this section.”

"

But this is not a new development I still have the 4 unit certificate of occupancy from the Seller, it is just the seller has converted it to two UNITS. I think U-421.1 is for all new development. 

Any thoughts on how to respond to it? I don't think with the evidence I have and what U-421-1 says, it needs to go to the Board of Zoning.

[Ileana Schinder, PLLC]

Hi Biniam,

This response is pretty typical when previous alterations may not have been done by the book. 

I suggest you submit existing conditions to BZA and they are very likely to approve it. 

I hope it helps,

Ile

Pardon per le tpyo. Sent from a iphone.

On Mar 23, 2023, at 8:55 PM, biniam berhe <biniam...@gmail.com> wrote:

I have received this message from DCRA today:

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[biniam berhe]

Thanks So much. You think BZA takes long to approve it, you have an estimate if months or weeks?

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With deep gratitude,

[Ileana Schinder, PLLC]

In my experience it takes 4-6 months if they have no comments on the documents you present to make your case. 

Pardon per le tpyo. Sent from a iphone.

On Mar 24, 2023, at 8:18 AM, biniam berhe <biniam...@gmail.com> wrote: