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URGENT!!! got letter from DOB about

Relating to Department of Buildings, Development and Zoning

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URGENT!!! got letter from DOB about

Postby peggy » Sun Dec 17, 2006 3:37 am

LL had same previous complaint "ILLEGAL COMMERCIAL/MANUFACTURING USE IN RESIDENTIAL ZONE"

the complaint was placed less than 6 months before we rented the place, it's been about 4 months we've rented now. total business loss :(

business has partially (85%+) stopped because DOB said they would padlock us anytime.

should we sue LL?
Last edited by peggy on Sun Dec 17, 2006 4:08 am, edited 1 time in total.
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am i in trouble or not?

Postby peggy » Sun Dec 17, 2006 4:04 am

Year built 1900 (estimated)
Year last altered 2000
Certificate of occupancy Click here (they don't have a C/O)
Zoning district R7-2
Residential units 6
Commercial units 1
Building class 5-6 fam w/ store or office (S5)


i am confused becaues this is a residential zone, but it also says that the building can have 1 store/office. so ... what/who's wrong here? ladnlord? government?

if the gov is wrong about sending me the letter (I doubt it though) should i sue them?

if the landlord rented me knowing that this is a residential zoning (due to previous same complaint), should i sue them?

i am losing a whole lot of money because of this!
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Postby TenantNet » Sun Dec 17, 2006 5:15 am

Well first, this board deals with residential tenants, not commercial tenants. Having said that, I would need to know the actual address in order to look at it on the zoning maps, so please send via private mail (on this board) the address and block/lot if you know that.

It's not always as simple as just the zoning designation. Had the use been grandfathered in (was there a gab of 2 years between usage as a commercial venue?). What kind of business is it? Some uses may be permitted; others not. Also a particulat block might have a "commercial overlay," allowing first floor commercial tenants even though it's a residential zone.

I suspect you're on the LES given the designation, but let's see. Yes, the govt. makes mistakes all the time.

As to whom is liable, that also depends on how this has played out, so prepare for yourself a timeline of events. Consult with an attorney who knows real estate. But if you were to sue, then you would have to claim how you've been harmed and be able to calculate how much money you have lost ... and be able to back that up, not just estimate. That's not always easy to do.
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