Legal Question in Real Estate Law in Illinois

I am the owner of a multi unit in cook county illinois, outside chicago city limits. this building was built in late 50s early 60s. 2 3 bedroom units - 1st and second floor and 1 bedroom unit in the basement. i notice that i have been paying taxes on a 3 unit, however the city it is in will not allow us to call the basement apartment legal, even though it has 2 exits and lots of windows. my confusion is this, how can they collect property taxes on a "3" unit but not allow us to get full value of the property because their law will not allow it to be legal, something about the window egress not being under 44". they gave permit for these buildings to be built, why isn't this grandfathered in for all buildings built prior to the new ordinances being put into place. is this legal??? i just had a sale fall through because of this very thing. please helppppppppp.


Asked on 10/13/11, 12:53 pm

1 Answer from Attorneys
Stephen Messutta

Question 1: Property Taxes: What's legal for building code purposes doesn't necessarily have anything to do with property taxes, which can be based on income and expenses for rental building regardless of "legal" units. Time you spoke to a property tax attorney who can help you.

Question 2: "Grandfather". Sometimes "grandfather" clauses give you so many years to continue to use the property the way it was first allowed, and then those portions can become "illegal". A zoning attorney would need to look at the situation and help figure out whether you are "legal non-conforming" or "illegal."

Question 3: Sale Fell Through. Depending on the answer to Q2, and perhaps other factors, you need an attorney who knows how to deal with these kinds of contractual issues.

A good real estate attorney can help with both 2 and 3, but usually you need a property tax attorney or consultant to help with #1.

Read more
Answered on 10/18/11, 11:26 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Illinois