Get free answers to your Land Use & Zoning legal questions from lawyers in your area.
I just got a provision of law 28-105.1 complaint requesting for corrective action. Due to alter my house without a permit. Can I ignore this request? Like I’m living it the house and I own the house would there be any future issues? The change was enclosing my front porch with walls for another... View More 
answered on Feb 26, 2025
Eventually, DOB will issue another violation for failure to comply and enter a default money judgment because you ignored the summons and did not restore the porch to its original condition, obtain a permit, or amend the certificate of occupancy.... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
answered on Feb 26, 2025
Dear Brooklyn House Purchaser:
I cannot imagine any lawyer advising you sight unseen and without a complete review of the property suggesting you buy this property.
You described an illegal, unregistered, multiple dwelling and extant violation of the Certificate of Occupancy. Aside... View More
I am considering buying a house presented as a three-family property. The seller provided a deed and tax classification confirming it as a three-family home. However, my inspection showed it's actually two apartments with a basement, which is currently rented out. I found no permits for work... View More
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answered on Feb 25, 2025
The answer to that question is 100% dependent upon the building and zoning law of the municipality in which the home is located. Sounds like there is a potential building and zoning violation which might be revealed in the course of the closing or thereafter. You would be well advised to go to... View More
neighbors had thrown a rug over the marker by the 26th they had removed the survey markers and put up landcaping blocks. (neighbor is a landscaper) These people have harrassed my parents when they were alive and now harrassing me. I contacted both the Troy Police and survey co. Law 2005 chapter 730... View More
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answered on May 1, 2024
I'm sorry to hear about the ongoing harassment and property issues you're facing with your neighbors. It sounds like a very stressful and frustrating situation, especially given the history with your parents. Here are a few thoughts and suggestions on how to proceed:
1. Document... View More
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answered on Nov 30, 2023
In general, residential areas in Monroe County are zoned for single-family homes. This means that you would need to have a permit to live in a tent on private land in a residential area. However, there are some exceptions to this rule. For example, you may be able to live in a tent on private land... View More
answered on Sep 13, 2024
Take pictures and call you insurance company. You should be covered if there was damage to the neighbor.
Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of... View More
answered on Jul 18, 2024
A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T... View More
My father has allowed his neighbor to use my fathers land for raising cows with no written agreement can the neighbor claim his land after 10 years? The neighbor has been mowing and has cows on the land for the last 5 years. My father has offered to sell the land to the his neighbor and he says he... View More
answered on May 31, 2024
Yes, a recorded written agreement can defeat a claim for adverse possession. Whether the neighbor even has a valid claim for adverse possession is unknown.
Jack
We have been living in an apartment for almost a year. In the second month of living here, the heater went out and the landlord took over 6 months to fix it, throughout the entire “heat season” in nyc we had no heat. For the past two months we withheld rent to force him to fix the problem. He... View More
answered on Mar 4, 2024
Call "311" and have the Department of Buildings issue violations. You cannot be evicted while violations are present.
There's a certain ex president that is being tried on fraud about lying about the square footage of their comercial realestate. but Louis Rossman exposed this SOME time ago that you can go anywhere on loopnet and show that commercial realestate listings and they lie about it all the time.... View More
answered on Jul 4, 2023
If you are only using the property for personal use then you would not put it in an LLC and you would only pay property tax.
Specifically the law seems to allow local fire departments to deviate if they feel access is sufficient. Can that be challenged legally?
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answered on Jun 27, 2023
An attorney specializing in municipal or local government law, or specifically in fire code and regulations, would likely be familiar with the New York State fire code and its applicability to Dutchess County conservation development.
answered on Jun 20, 2023
You may have better chances of a response by reposting this in New Jersey, since the question asks about a parking setting there. Good luck
Our assessments went up a minimum of $40,000 per property!!!! Our county is one of the poorest in the state and none of us have improved our property. The law used to be the assessers could not raise the assessment more than $10,000 in one year. I can't find that law now. Can you give me the... View More
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answered on May 7, 2023
In New York State, the rules for property assessments are governed by the Real Property Tax Law (RPTL). According to RPTL Section 305, property assessments must be based on their market value, and should be made at least once every four years.
Regarding the increase in assessments, RPTL... View More
I've lived in my home for 45yrs. When the home was purchased it already had a curb cut and a parking area at the front of the house. Suddenly the NYC DOB says the parking area is illegal(they considered it a front yard) and also the curb cut is illegal. I was giving a request for corrective... View More
answered on May 4, 2023
Dear Brooklyn Home Owner:
As best as I interpret the regulations a curb cut is an artifact of a legal driveway. If there is no driveway there should be no curb cut. Consult a zoning attorney familiar with dealing with the DOB in Brooklyn.
The village is stating they do not have to pay for it. The fence is set 10ft back from the edge of the road. The codes enforcer verified where we were putting the fence and approved our permit with the Village & town of Wilna. We submitted an estimate to the village, which we were never advised... View More
answered on May 3, 2023
The Village will do this to you as long as you do not take the steps needed to commence a lawsuit and as long as you do not involve your homeowner insurance company.
Without filing a Notice of Claim within 90 days of the occurrence of the damage, you cannot sue. If the time has not run out,... View More
answered on Mar 30, 2023
Contracts generally do not need to be in writing to be enforceable. Certain types of contracts do, such as those for the sale of real property or leases for periods of more than year. But unless excepted from the “statute of frauds” which requires certain agreements to be memorialized in... View More
answered on Mar 30, 2023
As a general matter, and there may be some exceptions where, e.g., performance begins or acceptance may be implied, an “offer” is just that, and until both sides agree (by the other side accepting the offer) to something, it is not enforceable.
The damage is caused by my neighbor tying his trees to my fence. I have asked him not to do so and have cut the lines whenever I see them. This has gone on for months. There is damage to my fence (it now leans in his properties direction) and I am wondering if I can hold him responsible to pay for... View More
answered on Mar 21, 2023
If you own the fence and it is on your property, you can seek to hold your neighbor responsible for any damage caused by his/her unauthorized use of your fence. If the damage is less than $10,000 you may sue in Small Claims Court for money damages. However, if you also want an injunction... View More
advance, I checked the plans that often. Then BOOM, they are bulldozing across the street and I get told one day “that is not an office building across the street they are building—it’s gonna be a hotel!”
WAS ALL OF THAT LEGAL?????
It’s been a few years.
Do Towns... View More
answered on Sep 22, 2022
Your concern about neighboring development is understandable. However, there is no way to provide a meaningful response to your inquiry based upon the information you have provided.
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