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  • Could my apartment be illegal?

    Aloha everyone!! How can I find out if my ohana is legal or not? If it is, and gets found out, could I be evicted?
    ~ This is the strangest life I've ever known ~

  • #2
    Re: could my apt be illegal?

    Originally posted by turtlegirl View Post
    Aloha everyone!! How can I find out if my ohana is legal or not? If it is, and gets found out, could I be evicted?
    Only if you get investigated, I'd guess, and with the plethora, who has the timer the money?

    I ran an ille, uh, an 'unregistered' rental for years, and so do plenty folks around me. No waves.

    Like what? You want these people live on the street?

    1. Don't worry.
    2. Claim ignorance.
    3. Don't mention my name.

    Anonymous
    Be Yourself. Everyone Else Is Taken!
    ~ ~
    Kaʻonohiʻulaʻokahōkūmiomioʻehiku
    Spreading the virus of ALOHA.
    Oh Chu. If only you could have seen what I've seen, with your eyes.

    Comment


    • #3
      Re: could my apt be illegal?

      It's criminal if you get tossed out for no other reason than your landlady becoming paranoid. Not like for real criminal, but you know, slang-wise...

      Can't think of anything creative this time

      Comment


      • #4
        Re: could my apt be illegal?

        Originally posted by turtlegirl View Post
        Aloha everyone!! How can I find out if my ohana is legal or not? If it is, and gets found out, could I be evicted?
        If it is an illegal unit and "discovered", the landlord would be required to either bring the unit into compliance (IF that is even possible), or to remove the tenant.

        If there is an upset neighbor who called in to complain, the wheels might already be in motion and you not even know about it .... yet. Meanwhile, you can pretty much guess if it is legal or not by knowing the various rules for yourself.
        Now run along and play, but don’t get into trouble.

        Comment


        • #5
          Re: could my apt be illegal?

          you can also check the tax map info for your property address here:

          http://www.honolulupropertytax.com/Main/Home.aspx

          I did this for myself when I moved into an "ohana" unit a couple of years ago. Another way to tell is if you have a full kitchen with stove, refrig and sink. Illegal units tend to have only a hot plate and small refrig. I've been told that way they don't have to pay property taxes.

          Good luck.
          "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
          – Sydney J. Harris

          Comment


          • #6
            Re: could my apt be illegal?

            Another possible sign of an illegal rental is when "all utilities are included" with the monthly rent. Prospective tenants are often attracted to this proposition, but they should realize that the landlord might be offering this deal in order to conceal illegal residents from the utility companies.
            This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

            Comment


            • #7
              Re: could my apt be illegal?

              Who cares all long as the rent is reasonable?
              http://thissmallfrenchtown.blogspot.com/
              http://thefrenchneighbor.blogspot.com/

              Comment


              • #8
                Re: could my apt be illegal?

                Originally posted by anapuni808 View Post
                you can also check the tax map info for your property address here:

                http://www.honolulupropertytax.com/Main/Home.aspx

                I did this for myself when I moved into an "ohana" unit a couple of years ago. Another way to tell is if you have a full kitchen with stove, refrig and sink. Illegal units tend to have only a hot plate and small refrig. I've been told that way they don't have to pay property taxes.

                Good luck.
                Remember though, even though an inspector may not see the Stove on final inspection, after the fact, some homeowners install them anyway since building inspectors rarely inspect dwellings after issuing their permits.

                The URL anapuni808 suggested is a great way to tell exactly who owns the property, and what is permitted on it. All permitted structures should be listed there.
                Life is what you make of it...so please read the instructions carefully.

                Comment


                • #9
                  Re: could my apt be illegal?

                  Excellent link Anapuni! And yep, SG is right, my landlady has become paranoid in her old age...
                  Sooooo, according to common definitions of illegal ohana, Im pretty sure it is, utilities included, full kitchen, not allowed to recieve mail here, etc. However, the property sketch on record shows that my addition is part of the house. Im still confused!
                  ~ This is the strangest life I've ever known ~

                  Comment


                  • #10
                    Re: could my apt be illegal?

                    Originally posted by SusieMisajon View Post
                    Who cares all long as the rent is reasonable?
                    If you value the safety of yourself and your loved ones, you should care.

                    If you're thinking about renting a unit that is questionable, know what you're getting yourself into before moving in. Especially be on the lookout for inadequate means of egress, as well as illegal gas, electrical, and plumbing work. These could all be deadly fire hazards.

                    Case in point: The Makiki house fire of two years ago which left two people dead.

                    Fleur says she, her daughter and granddaughter were able to escape -- but two people did not.

                    "Somebody possibly could have had a hard time getting out? Oh yeah - yeah," said former tenant Rick Smith, who lived in the home for two years before moving out eight months ago.

                    According to city records, the homeowner was issued several violations, including one for an illegal duplex, another for doing work without a permit and most recently in September 2007 for having more than five unrelated people occupying the house with a building partition.
                    Renter beware.
                    This post may contain an opinion that may conflict with your opinion. Do not take it personal. Polite discussion of difference of opinion is welcome.

                    Comment


                    • #11
                      Re: could my apt be illegal?

                      Originally posted by turtlegirl View Post
                      Excellent link Anapuni! And yep, SG is right, my landlady has become paranoid in her old age...
                      Sooooo, according to common definitions of illegal ohana, Im pretty sure it is, utilities included, full kitchen, not allowed to recieve mail here, etc. However, the property sketch on record shows that my addition is part of the house. Im still confused!
                      Sorry to hear the landlady has become paranoid. I remember previous posts about how much you and she got along. Not being allowed to receive mail at your address is the legal vs illegal give-away, afaic.

                      Assuming the place is safe, as FM points out, can you and LL enter into an "agreement" that you are her "live-in caretaker"? Just a thought...

                      Comment


                      • #12
                        Re: could my apt be illegal?

                        TG - my unit is a converted garage studio apt. I have a full kitchen, utilities are included. My unit is legal however - their were permits applied for to build the unit and it is included on property tax records. I can get mail here but use the same address as my landlord because there is only 1 mailbox. My landlord had his mtge re-financed last year and the appraiser did come into my unit so it is part of the banks loan records.

                        I was told when I was looking for apts that if a "ohana" unit has full facilities it increases the owners property tax - that seems to be why many don't furnish anything more than a hotplate to tenants. Refrig is legal in a unit - if there is a regular stove, then it is considered a full rental unit therefore the taxes are increased.
                        "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                        – Sydney J. Harris

                        Comment


                        • #13
                          Re: could my apt be illegal?

                          Originally posted by anapuni808 View Post
                          TG - my unit is a converted garage studio apt. I have a full kitchen, utilities are included. My unit is legal however - their were permits applied for to build the unit and it is included on property tax records. I can get mail here but use the same address as my landlord because there is only 1 mailbox. My landlord had his mtge re-financed last year and the appraiser did come into my unit so it is part of the banks loan records.

                          I was told when I was looking for apts that if a "ohana" unit has full facilities it increases the owners property tax - that seems to be why many don't furnish anything more than a hotplate to tenants. Refrig is legal in a unit - if there is a regular stove, then it is considered a full rental unit therefore the taxes are increased.
                          check zoning ordinances. If your area is cleared for ohana zoning then your garage studio is legal, however if your area is zoned as single-family, then it ain't
                          Life is what you make of it...so please read the instructions carefully.

                          Comment


                          • #14
                            Re: could my apt be illegal?

                            Craig, all the checking & verifying was done before I moved in 2 1/2 yrs ago.

                            and this thread isn't about my unit, its about TG's and she is concerned about her home. I don't blame her - facing possible eviction from an illegal unit is not a small thing. So, lets all get back to helping her out ok?
                            "Democracy is the only system that persists in asking the powers that be whether they are the powers that ought to be."
                            – Sydney J. Harris

                            Comment


                            • #15
                              Re: could my apt be illegal?

                              Originally posted by tutusue View Post
                              Assuming the place is safe, as FM points out, can you and LL enter into an "agreement" that you are her "live-in caretaker"? Just a thought...
                              But be cautious, because that might initiate a set of complications, since caretakers are employees, and the landlady would then have that responsibility as an employer (possibly unemployment insurance, health insurance, SS and tax withholding, etc). On the other hand, the caretaker could call themselves a business (not employee), but then the caretaker would have a set of responsibilities (liability insurance, GE taxes, etc.).

                              Perhaps becoming a "roommate" would work out?
                              Now run along and play, but don’t get into trouble.

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