Legal Question in Real Estate Law in New York
Violation of zoning ordinance
I live in an area that is zoned a s residential. I believe that that means that I cannot open a business that serves the public directly from my property. I also thought that the zoning ordinance forbid the use of one and or two family homes from becoming rental properties should the owner become absentee.My next door neighbor(the owner of the house) moved out leaving a for sale or rent sign on the front lawn .As a result.......... I feel that my property values have gone down due to a succession of tenants who have appeared one after the other littering the property and making it virtually impossible for me to even think about selling the property.It seems that no tenant is able to stay for very long due to the proximity of that property to the Thruway(30 feet!) We have sunk much money into our old house only to witness the block being destroyed by this rental property. What can I do? Who do I contact to find out if in fact the owner of the next door property has the right to rent apartments? I am somewhat intimidated by the owners son . Any legal advice would be appreciated.
1 Answer from Attorneys
Next door neighbor rental
You do not say what town the property is in. I would start by talking to the local building department. Ask for a copy of the zoning ordinance. It may or may not preclude rental of a one or two family house if the owner moves out.
Whether or not a rental is allowed, you may have recourse against the owner if the tenants do not keep the grounds neat. That is a separate issue. It may be a nuisance if the next door neighbors create a situation which endangers the health of other residents, by leaving refuse which would harbor rats, for example.
You say that no tenant stays long because of proximity to the Thruway. This is a separate issue from littering, and may indeed have an effect on the value of property in the area. However, the Thruway was built many years ago, and whatever its effect on the property values, it is a separate issue from the upkeep of the property by the residents or owners.
Good luck.
There is no substitute for good legal advice, based upon your individual circumstances. I urge you to consult with a good lawyer in your area regarding the specifics of your situation.
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