Purchasing Coop with Open HPD Violation
Started by puzzled_in_nyc
over 13 years ago
Posts: 1
Member since: Sep 2011
Discussion about
We are considering purchase of a combined apartment, however HPD lists an open violation citing the illegal combination of the two apartments. Can this apartment be legally sold?
Obviously nobody is touching this question... It's really three questions, I think.
1) Is it acceptable to HPD to sell the combined apartments, and do they have any ability to interfere with the sale?
2) Will a lender (assuming you need one) approve a loan even with an open violation?
3) Are you willing to assume the liability/responsibility associated with remedying the violation after closing on your potential purchase? (And don't kid yourself -- your lawyer is not going to be able to write enough riders to the sale contract to make the seller responsible for that after a purchase closes. You will own the problem.) Clearing the violation may mean paying a fine/penalties, filing proper plans for the combination plus making any physical changes required by code, and/or actually un-combining the units. Even if nobody else objects, I'd think twice before taking this on.
You will not get a mortgage. The HPD isn't going to refuse it they just inspect for violations. Your lender will refuse.
It costs $300 to close the violation even after it has been cured.
A better question is if you really want to live in a building where apts. can be combined without permits.
NO!
I would have touched this question if I had seen it. Thanks joe.
joe, you're uptown so it probably isn't a big deal for you but the $300 fine must be paid by certified check in person at the HPD office on Old Broadway. I don't know why it's called Old Broadway It's on Broadway in the West 130's.
I'm not just touching this question, I'm feeling it up.
I was wondering if you checked the DOB omline for that building address,puzzled.
There may be open violations there. The HPD and DOB do not share info. The DOB won't be informed by the HPD to send an inspector. If the person who called in that HPD complaint did not know about the DOB they would not file a complaint.
If they did,and the work was still in progress, the DOB would have showed up with a stop work order.
You don't want an apt in that building anyway.
The DOB online.
The omline is for Buddists.