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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112625
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What are my legal options CO's and 2 permits taken out in

Customer Question

What are my legal options for 2 CO's and 2 permits taken out in 1952, I have been living here since 1977? I am now trying to sell my house. The house is in Bethpage, NY located in the town of Oysterbay.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please explain what is going on and the situation? What do you mean about the permits and certificates from 1952? Tell us everything that is going on here.

Customer: replied 1 year ago.
I am in the process of selling my house and when I went to the town hall to find out any outstanding issues, I was told I have to open permits and I need to COs on an extension and a garage which are dated 1952! I was 2 years old. I told the clerk how can this be and was told you own the house your problem.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Actually, you have to file with them and if they seek to deny you, then you have the right to file an appeal and seek a waiver based on the fact that the extension and garage were previously existing structures and would cause extreme financial prejudice for removal of those structures. The building and planning commission will hold a hearing on the waiver and if you are denied (which is highly unusual to occur) then you have the right to take them to court for issuing an arbitrary and capricious determination and the high costs of correcting the matter would cause you extreme prejudice.

This is a fairly common circumstance and the fact that this was not done in all of the prior sales of your home up to your purchase is part of your defense and basis for them to issue the waiver, but you do have to go through the waiver application process.

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