Hi everyone I had been reading the threads for a while, awesome threads thank you all for sharing. Now, I have a concern , my wife's father just got this property a few month ago, two family and the 1st floor is divided like in two units, one like a studio with a big bedroom, small bathroom and a small kitchen/dinning area (one room), the other unit has the real kitchen, living room, two bedroom and a bigger bathroom, his father left the setup like this cause it gets him over 600 plus, that if I rent the place as one unit so the situation is that they had an lead inspector go to their new house to check the unit looking for lead, just for the 1st floor, the inspector told the company that will help with the lead removal that the floor setting was weird like they were two families living in that unit (which is the truth, although they removed the stove from the small studio unit and hide it because that is the recommendation they got from their realtor that they don't care about two kitchen and they will just care about two stove) so now the company that was going to help with the lead removal said that they need to send an inspector from the building dept from City Hall to make sure everything was up to the code (even when the father said it was just one unit rented to one family etc etc), so what do you recommend?

At the beginning when her father was buying the house, the previous owner hide the small kitchen with drywall and painted because it was in a corner and it looked like it had never being a kitchen there but later on they remove the cover so the tenant can use it.

Both units has two egress doors and you can go from one unit to the other thru a door in the middle of the big room, that the Tennant's has normally looked and with a chain.

Any recommendations will be greatly appreciated, I am acting as the property manager so I had really big interest into this.

PD. Sorry if this is confusing, I tried to make it as short as possible.

Anything you think that can help besides removing that unit...

What would be the difference if it was a room-mate situation, two unrelated people sharing a unit? The reason the agent said to get the stove out of there is because it is the built in cooking appliance that makes it a "kitchen", thus making it another "apt". Without a stove, what you have is a "bar sink", put some liquor bottles out on the counter and some nice glasses if need be for a city inspection.

Thank you George, this company work with the city and they will give a grant for the lead removal, my wife's father doesn't have the money to do that by himself, neither do i.

I am a licensed contractor, property owner/investor and manager. Many of my "friends" purchased homes with a guest house in the back yard. Before they closed escrow, I advised them to:

a) Obtain a copy of any permits on file

b) Obtain a copy of the "certificate of occupancy"

c) Go online and download the rules from their "Housing Department" on multifamily properties, since this is no longer a single family house on a lot.

d) Obtain a copy of from Rent Stabilization that this unit is allowed to be rented and fee's were paid.

e) Get full disclosure from the seller and have then sign it.

So my "friends" think they know better than a 40 year investor/contractor. Because they are getting a "deal", a few thousand less than the asking price, they obtain no official documents on the addition/modifications.

After buying the property, the tenant in back all of a sudden requests $20,000 in relocation costs as laid out by the City guide lines and a refund of all rents paid because the unit was "illegal". So my friends end up paying a $40,000 settlement and have to take down their back apartment. Instead they could have hired me to make it legal with permits, but would call of the use of some brain power, which they lacked all though this transaction.

Sounds like a perfect set up for a MIL unit attached to the family unit. Agree with the bar sink.

It sounds like you have more of a zoning issue than abuilding code issue. FYI building codes deal with the way buildings are constructed and zoning bylaws deal with the way things can be used.

Gee guys thanks everyone for putting a little of your time to reply.

Vee we can't because he bought it with the two tenants that live in the 1 floor (studio unit and the two bedroom unit).

And the two bedrooms unit have the utilities apart, the studio unit it hook up to the common area.

Robert J thanks for the heads-up, I really want to help my wife's father to work this out, and for myself too, I live in the second unit with my wife and kid.

Barb what is an MIL Unit attached, sorry for the question but I haven't heard that before.

Steve thank you for the clarification, that is what the company that will help with the lead removal said, that they will have to send an inspector from the building dept to see if everything is up to the code, I think that they might just ask to separate the studio electricity from the common area and make it has his own meter, and maybe remove the door that joint the two houses and build a wall there. What you think ?

There are so many buildings in RI that have lead.. Why would you open the can of worm to do lead removal? Just paint them over well..

Depends on what town/city your property is in.. Some inspector can be friendly while others are a pain to deal with..

In providence, you need to remove the stove and cap the kitchen water supplies to consider a "removal". Some inspector may ask you to remove the 2nd bathroom, it all depends who you get

If the company has contacted city, just tell the city that you bought the property recently and they usually don't give you a hard time..

Elliot we haven't received a call back yet regarding the building inspector and they told us that information on Monday... We tried to pursuit the deleading because one of the tenants (the one of the studio) have a 3 years old son.

Barb ahhh ok get it, didn't knew the abreviation as MIL LOL. It can't be a MIL because is just one apartment, just configured to be rented as two small apts (talking just about the 1st floori live in the second), the attic yes can be the MIL..

If the issue is the stove, it sounds like the same type of zoning I have here. I have a studio unit in a single family house (converted attached garage) that is legal - because it doesn't have a stove. Rents just fine with a microwave, toaster oven, hotplate & refrigerator. It is a studio, after all - nothing fancy. There is a door to the main house that can be opened or locked. Has its own entrance out the side.