[Massplanners] Legalizing illegal (but tax-paying) 2 and 3-family uses

[Jeffrey Robert Levine]

I worked in a community that passed an amnesty for units that were built before a certain date, met building code, and were taxed. The date was far enough in the past to prevent most game-playing though some felt it rewarded bad behavior even if it was years ago. On the other hand, it helped bring these units out in the light, and also brought them up to code. Given the housing needs, it seemed the benefits outweighed the drawbacks.

In order to take advantage of it, the unit needed to be inspected to show that it met the current code (spoiler, most didn't, and many simply could not without expensive changes.) It also needed to have evidence of some sort that it was built before that date, which many owners couldn't provide unless it had been taxed.

I remember dealing with a similar issue of timing in a Massachusetts community (on a dimensional issue.) In that case, the municipal legal team had concerns about a date certain and uniformity. Instead, we had to use a time delay (as in, you had to wait 10 years to legalize the nonconformity.) That could also work, though 10 years isn't that long a time.

Jeff
________________________________
From: MassPlanners <massplanners-bounces at masscptc.org> on behalf of Tom Skwierawski via MassPlanners <massplanners at masscptc.org>
Sent: Wednesday, November 13, 2024 5:06 PM
To: massplanners at masscptc.org <massplanners at masscptc.org>
Subject: [Massplanners] Legalizing illegal (but tax-paying) 2 and 3-family uses


Planners,



Here in Revere, we have dozens of illegal 2 and 3-family housing units. As I’m sure is the case elsewhere, historically property owners added units onto their properties without receiving any permits, thus changing the structure’s use.  Now when our building inspectors inspect these units, many property owners are surprised—some legitimately, others I’m sure with Oscar-worthy performances--that these additional units, often built before they owned them, were never legally converted. What’s more, most if not all have been taxed according to this illegal use for decades.



In the interest of wiping the slate clean and moving forward, we want to legalize these legally-taxed-but-technically-illegal units. Do any other communities have experience doing something similar? I didn’t want to reinvent the wheel if others have good policy solutions… thanks in advance!





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Tom Skwierawski

Chief, Department of Planning & Community Development (DPCD)

Email: tskwierawski at revere.org<mailto:tskwierawski at revere.org>

Phone: (781) 286-8181 x 20324




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