Is that pool legal? East Hampton looks to close loophole that can leave homebuyers high and dry
Town of East Hampton officials said the owner of a trailer that was listed for sale for $4.4 million in the Montauk Shores Condominium complex has to submit building plans for an attic bedroom installed without permits. Credit: Tom Lambui
East Hampton Town officials are considering a code change that “closes a loophole” in the law by requiring property owners to get an updated certificate of occupancy before selling a property.
Officials recently pitched the change as a safety measure to ensure residential and commercial properties meet building and fire codes and as a protective measure for buyers.
House hunters bought properties in some instances without realizing some improvements, such as swimming pools, hadn't been legalized, the town's principal planner, Tina Vavilis LaGarenne, said at a Sept. 21 public hearing.
“These individuals have had to pay fees and then struggled to legalize the property in as quick a fashion as they could,” she said. “Meanwhile, the prior owner had reaped the benefits of those improvements for long periods while not complying with town regulations or paying their fair share of taxes.”
Vavilis LaGarenne said other East End municipalities already have a similar requirement. Many banks also already require an updated certificate of occupancy for a buyer to obtain a mortgage, she said.
The proposed code change “closes a loophole for those who are trying to sidestep town regulations,” and can benefit the environment by helping the town identify properties that may have had trees illegally cleared, Vavilis LaGarenne added.
Councilwoman Cate Rogers said without an updated certificate of occupancy, it can be difficult to know whether additions to properties were constructed safely.
Board members could vote on the measure at an upcoming meeting. If approved, the change would take place no earlier than Jan. 1.
Resident Peter Laurinaitis, 52, cautioned against making the requirements too stringent.
He said during the public hearing he purchased a “decrepit” Amagansett cottage nearly two years ago and it can feel like playing “Whac-A-Mole” bringing everything into compliance.
“There’s big stuff that’s important, but it also can be very difficult for a homeowner to do all the little things to comply,” Laurinaitis added.
Joe Palermo, the town’s chief building inspector, said his department can handle the added work with its current staffing. He said the current wait for an inspection is about a week and so a requirement for a new inspection wouldn't hold up sales.
Hamptons real estate broker Jackie Lowey, 59, said the current wait time is “terrific,” but the inspections have taken a month or two previously.
She suggested “reasonable timelines” for completing an inspection and a “mechanism for relief” for people who may not have financial means to bring everything into compliance.
Lowey said some of her sellers are senior citizens under financial stress.
East Hampton officials announced a day before the public hearing that a recent inspection of a trailer home at Montauk Shores Condominium complex revealed an attic bedroom that was installed without permits.
Town officials said they did the inspection after seeing the home highlighted in a newspaper article for its $4.4 million price tag.
Town officials said they gave the owner two weeks to remove beds from the attic and to submit building plans for the modifications — such as pull-down attic stairs — and an application for a certificate of occupancy.
The property owner has complied partially so far, Palermo said Tuesday. The building official said the town is giving the property owner this week to fully comply "before further enforcement action is taken."
East Hampton Town officials are considering a code change that “closes a loophole” in the law by requiring property owners to get an updated certificate of occupancy before selling a property.
Officials recently pitched the change as a safety measure to ensure residential and commercial properties meet building and fire codes and as a protective measure for buyers.
House hunters bought properties in some instances without realizing some improvements, such as swimming pools, hadn't been legalized, the town's principal planner, Tina Vavilis LaGarenne, said at a Sept. 21 public hearing.
“These individuals have had to pay fees and then struggled to legalize the property in as quick a fashion as they could,” she said. “Meanwhile, the prior owner had reaped the benefits of those improvements for long periods while not complying with town regulations or paying their fair share of taxes.”
Vavilis LaGarenne said other East End municipalities already have a similar requirement. Many banks also already require an updated certificate of occupancy for a buyer to obtain a mortgage, she said.
The proposed code change “closes a loophole for those who are trying to sidestep town regulations,” and can benefit the environment by helping the town identify properties that may have had trees illegally cleared, Vavilis LaGarenne added.
Councilwoman Cate Rogers said without an updated certificate of occupancy, it can be difficult to know whether additions to properties were constructed safely.
Board members could vote on the measure at an upcoming meeting. If approved, the change would take place no earlier than Jan. 1.
Resident Peter Laurinaitis, 52, cautioned against making the requirements too stringent.
He said during the public hearing he purchased a “decrepit” Amagansett cottage nearly two years ago and it can feel like playing “Whac-A-Mole” bringing everything into compliance.
“There’s big stuff that’s important, but it also can be very difficult for a homeowner to do all the little things to comply,” Laurinaitis added.
Joe Palermo, the town’s chief building inspector, said his department can handle the added work with its current staffing. He said the current wait for an inspection is about a week and so a requirement for a new inspection wouldn't hold up sales.
Hamptons real estate broker Jackie Lowey, 59, said the current wait time is “terrific,” but the inspections have taken a month or two previously.
She suggested “reasonable timelines” for completing an inspection and a “mechanism for relief” for people who may not have financial means to bring everything into compliance.
Lowey said some of her sellers are senior citizens under financial stress.
East Hampton officials announced a day before the public hearing that a recent inspection of a trailer home at Montauk Shores Condominium complex revealed an attic bedroom that was installed without permits.
Town officials said they did the inspection after seeing the home highlighted in a newspaper article for its $4.4 million price tag.
Town officials said they gave the owner two weeks to remove beds from the attic and to submit building plans for the modifications — such as pull-down attic stairs — and an application for a certificate of occupancy.
The property owner has complied partially so far, Palermo said Tuesday. The building official said the town is giving the property owner this week to fully comply "before further enforcement action is taken."
East Hampton's code action proposal
- Updated certificates of occupancy required before property sales
- The code would apply to residential and commercial structures
- Intended to "close a loophole" so new owners aren't stuck trying to legalize improvements that weren't permitted
Joe Werkmeister covers the towns of Southampton, East Hampton and Shelter Island. He is a graduate of St. Bonaventure University and previously worked as the editor of two North Fork community newspapers.
Top Newsday exclusive stories of 2024 From the case of chemical drums buried in Bethpage and school sex abuse scandals to restaurants Long Island said goodbye to, here's a look back at some of the biggest stories of 2024 found only in Newsday.
Top Newsday exclusive stories of 2024 From the case of chemical drums buried in Bethpage and school sex abuse scandals to restaurants Long Island said goodbye to, here's a look back at some of the biggest stories of 2024 found only in Newsday.
