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ISLIP TOWN 'S attempt to make REAL ESTATE AGENTS stand-in Law enforcement

By
Real Estate Agent with 1st Long Island Realty Group Horse Properties Division

The Town of Islip recently instituted a crack down on illegal apartment rentals in One family homes in the Town of Islip.

Having borne the burden of a Town Official mascarading to be a potential Buyer at a recent Open House, I cannot help but feel passionate about the underhanded unscrupulous manner these Officials have utilized to fine not only the Real Estate Agent, but also the Homeowner.  Many of my recent homeowners purchased their homes in the exact same setup as they are in today.  Just recently one of my homeowners was fined for having walls in her basement and a bathroom.  The homeowner purchased her house just that way less than 7 years earlier.  The town has now fined me for representing a single family home with illegal walls and also fined the homeowner for having walls in her basement.  This homeowner's english and communication skills being somewhat strained, the homeowner is unable to understand WHY she would be fined at this point when she has not changed the layout and the house was sold to her in the exact same layout.  My seller has no money to correct the situation and this is why they are selling the house in the first place, NO MONEY.  She turns to me and asks me what she should do?  As a real estate agent and NOT a town code enforcer, I have no idea.  I only know I no longer want the listing for fear that additional fines may be coming my way.  I do a written release and say a prayer. 

Now, in Islip Town, Realtors will no longer be able to turn the other cheek even though most of us do not have any idea what Islip Town Code is. The Islip Town Board has enacted code provisions that hold the Realtor liable -- by means of the imposition of fines and jail time -- for offering for sale or lease of premises that are in any manner in contravention of the law of the Town of Islip.

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Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

This is insane.  I believe that, if I were a listing agent, I'd call the county out to review any home I was considering listing for sale or rent.  I wouldn't even consider rentals, not worth the risk for such a small return. 

Perhaps your Board of Realtors would entertain an bulletin to members that they should ALL call for a code review by the county before taking any listing.  That would put the burden on the county and not the agent. 

Apr 13, 2008 10:33 AM
Lisa Heindel
Crescent City Living LLC - New Orleans, LA
New Orleans Real Estate Broker
I agree with Lenn.  If they are inundated with review requests to ensure compliance, you can bet that not only will the agents be protecting themselves, but they may change that ruling pretty quickly.  We are agents, not code enforcers.
Apr 13, 2008 12:00 PM
Ron Parise
LocateHomes.com - Cape Coral, FL

I can see where the town fathers have a point and may have even done you a favor.  We are already required to disclose problems with the homes we list for sale. Un permitted plumbing would seem to be a problem that a new buyer might want to know about. 

 This is where your local board should step in and either challenge this in court or work with the city to offer  a practical way for you to comply with the law. I like Lenns suggestion to call for a inspection as part of every listing

Apr 13, 2008 03:49 PM
Anonymous
Marie Ardito

I think its about time these people renting illegal apartments get caught and fined!!

It's not right or fair that they should have to skip paying taxes like everyone else.

Thats why Century 21 will only take apt's that are legal and they stand by it.

Why should they get an excess 2800 a month and have the mortgage being paid

for them, (2800 in cash shall I say, hush, hush money. No more!!

Oct 18, 2008 06:00 AM
#4
Anonymous
concerned

Maybe NY should stop raising the Taxes, so people can afford to live without having to rent out part of their home.

It is not like everyone makes such great salary.

Aug 06, 2014 06:49 AM
#5