What is the difference between having roommates and operating a illegal boarding house?
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What is the difference between having roommates and operating a illegal boarding house?
My girlfriend rents my 1 family, 4 bedroom home. She lives in a studio on the 3rd floor. The other bedrooms are on the 2nd floor. She rents the bedrooms to roommates who share the expenses utilities, cleaning supplies etc.; they share the whole house. I received a visit from 2 code enforcement people who that said I was running an illegal boarding house. I explained the situation, and even invited them to inspect the house, to which they declined. The next thing I know I got an court citation stating that I was operating an illegal boarding house.
Asked on April 28, 2011 under Real Estate Law, New Jersey
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ok there are a lot of little issues going on here and a lot of factors that need to be addressed. First, I am assuming that the house - and really the area zoning - is for a single family dwelling, correct? Then one of the issues that needs to be looked at is if the "occupants" interact as a single family unit. Unrelated people living together per se does not in and of itself prove otherwise. But if you and your girlfriend, who I am assuming is the only person on the lease with the owner, are acting as landlords for profit here, you could be teetering the legal line on the matter. I would strongly suggest that you seek some guidance from an attorney in your area. Good luck.
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