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Law Pro
Law Pro, Lawyer
Category: Real Estate Law
Satisfied Customers: 24869
Experience:  20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
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i have a 1 family home with a finished attic as a room. I

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i have a 1 family home with a finished attic as a room. I RENTED THE HOUSE TO A SECTION 8 TENANT. BEFORE THE TENANT MOVED IN,I HAD THE TOWN BOARD OF EALTH INSPECTED IT AND ALL ROOMS WERE APPROVED/PASSED WITH A LETTER
OF COMPLIANCE. THE HOUSE WAS ALSO APPROVED BY THE HOUSING INSPECTOR
BEFORE THE TENANT MOVED IN. AFTER A YEAR,AND AN YEARLY INSPECTOIN WAS
DONE,A DIFFERENT INSPECTOR CAME OUT TO THE RENEWAL INSPECTION,AND SAID THE ATTIC ROOM WAS NOT IN COMPLIANCE BECAUSE OF THE HIGHT OF THE SIDE WALLS. HE SAID I WOULD BE THE ONE LIABLE NOT THE HOUSING AUTHORITY,THAT
APPROVED THE ROOMS BEFORE THE TENANT MOVED IN A YEAR AGO. IN THE EVENT THAT SOMEONE WAS HURT. WHO WOULD BE LIABLE? ME,BOARD OF HEALTH,OR HOUSING AUTHORITY?

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The reality is - even though they inspected the apartment in the attic and approved the construction or space - that would not make them liable if someone got hurt.

Section 8 or the housing authority does not insure the premises - they only inspect if the premises meet their requirements.

You would most likely be liable if someone got hurt potentially BUT only if you were negligent.

I can't imagine, but haven't looked up cases on the subject, where someone was injured because of wall height.

I presume you are talking about "knee walls" in the attic along the roof pitch. But if they bump their head on the ceiling - that is not your problem. If you are within the building code and the construction of the apartment passed the building inspector's scruting and inspection - I don't believe you have anything to worry about.

If concerned - increase your insurance liability coverage another $50k which will run you about $20 per year.


But, as you have notice, dealing with Section 8 housing can be such a "joy"!

Since you are new with them - I would get anything and everything in writing from them.


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