Legal Question in Real Estate Law in Massachusetts
Two Family vs. Three Family
I purchased a two family house in Massachusetts. Years ago, it was a legal three family. However, somewhere along the line, it was used as a two family for awhile, and lost it's zoning as a three family. The owners did not know this, eventually renting it out as a three family again for a number of years. When they put it on the market last year as a three family, the neighbors cried foul, forcing the owners to sell it as a two family. I would like to rent it as an owner occupied residence. The building is ready to go as a three family; all utilities are separate, three kitchens, documents from the fire dept., an old letter from the city inspector showing it to be a legal three family, etc. How difficult would it be to have it reclassified as a three family? Could I rent one unit, and claim the other two as one large owner occupied unit, and get a roommate? The roommate would essentially have their own apt. with an entrance, kitchen, etc., so would really have no connection with my unit at all, other than sharing a mailbox. Is this a legal means of collecting two rents? What really separates a two from a three family? If someone could give me a bit of advice I would appreciate it. Thank you.
1 Answer from Attorneys
Re: Two Family vs. Three Family
I'm surprised that use as a two-family magically lost the zoning as a three. In other words, it doesn't make sense.
That you bought it knowing that the zoning was 2 family is a big problem for you. The standard argument that developers and the like use when trying to improve zoning is that they purchased the property with an expectation of making a certain return on their investment and the lower use would be unfair to them. But since you knew it was two family zoned, that argument doesn't work as well. Furthermore, you will obviously have some resistence from neighbors if you try to appear for a variance or change the zoning on your house alone. Maybe you'll want to wait until someone else in the neighborhood sells their place and support their efforts to sell as a 3 family and then make your move; that could be a few years.
Skirting the issue by claiming someone is your roommate has some appeal, doesn't it? The problem is this: that a neighbor can call the city and they can come in for an inspection and they will count specifically the number of kitchens to determine how many units you are operating as. Some city inspectors use stoves as a proxy for kitches: 3 stoves, 3 units. Here in Newton, one client removed a built-in gas stove (and used electric hot plates instead -- more dangerous, actually!) to operate an illegal apartment. Another thing that might be looked at is the separate entrances and lack of connection between the two units you want to call one. In summary, it's going to be difficult for you, I'm sorry to say.
These things are accomplished all the time, but it takes some time, politics, and legal know-how. Let me know where you are and I'll see if I can find the right lawyer for you locally that could possibly grease the works for you.
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