Blocked Windows In Chicago

I am looking at purchasing a 4 unit building in Chicago with a very unique problem. Within the last year a new building was constructed next to it that goes all the way to the lot line (perfectly legal under its zoning). However, the existing much older building next door also went to the lot line and had all the bedroom windows on that wall! So now these windows are about 2 inches away from a cinder block wall.

Since windows are required in all bedrooms in Chicago, is the original building still "legal"? Or is it "grandfathered" since it has not been changed at all to cause the situation? And if not, what remedy could a city inspector insist on short of demolition? It is a nice greystone and the price is heavily discounted, but if I buy it could I get nailed by the city later and lose my shirt?

Comments(7)

  • webuyproperties17th August, 2003

    I am not familiar with Chicago, though I would call a city inspector and ask.
    My gut feeling is that it would the bedrooms would not be legal. In case of fire, how would the fire department get into those bedrooms?

  • SouthportInvestor19th August, 2003

    Thanks. I have been trying to contact the city, but so far no luck. I also don't want to get the existing owner in "trouble" if I am not going to buy it...

  • investorB19th August, 2003

    It's good of you to not want to get the seller in trouble, but I would certainly want to know before putting money into it.

    See if you can find out sort of anonymously, or look up the codes yourself, or get input from a housing inspector who is not a city employee and doesn't report to the city.

    Otherwise, you could have the seller find out and certify to you that there is no problem or what the problem is. He should have the answer to this anyway for his own purposes.

  • SouthportInvestor19th August, 2003

    I've now talked to a city inspector and also a lawyer. It is definately not up to code, but then again lots of things are not up to code in older buidlings in Chicago. The inspector said it was a light and ventilation issue not a fire safety one becuase the units have both front and back doors. He thought it wouldn't ever be an issue unless I applied for permits to remodel. My lawyer on the other hand says don't touch it.

    Anyway, I know this is scaring most buyers off, but the price is about 150K lower than a comparable building without this issue. I'm thinking maybe I can get the seller to finance 15% and that way I'll only put 5% down. If he's having trouble selling maybe he will go for this. That way I've got a lot less into it if it turns into a mess. Any thoughts?

  • SouthportInvestor19th August, 2003

    I've now talked to a city inspector and also a lawyer. It is definately not up to code, but then again lots of things are not up to code in older buidlings in Chicago. The inspector said it was a light and ventilation issue not a fire safety one becuase the units have both front and back doors. He thought it wouldn't ever be an issue unless I applied for permits to remodel. My lawyer on the other hand says don't touch it.

    Anyway, I know this is scaring most buyers off, but the price is about 150K lower than a comparable building without this issue. I'm thinking maybe I can get the seller to finance 15% and that way I'll only put 5% down. If he's having trouble selling maybe he will go for this. That way I've got a lot less into it if it turns into a mess. Any thoughts?

  • investorB19th August, 2003

    Yeah, maybe you can install lights and ventilation equipment. Ask the inspector you talked to what he'd suggest.

  • JohnMerchant20th August, 2003

    While Cook County and Chicago are certainly worlds of their own, and your situation IS complex because of it, maybe there is help closer than you think.

    If you'll talk to some savvy local building contractors or civil engineering companies, you can probably find somebody to steer you through the process of getting new occupancy permits, and doing the minimum legal work on these buildings to make them occupy-able.

    If these buildings were legal BEFORE the new buildings went in,but are illegal now, that would mean the City/County did a "taking", which is basically a form of legal condemnation, and the government that did so, might owe the RE owner compensation for taking his property without compensation or permission.

    I'd suggest you look around your local REI goups and see if you can't unearth a good engineer, RE Broker, or property owning lawyer, who's been doing business in the area for a long time, and see if you can't get some help from those persons.

    There is a potential legal liability issue & question of whether you'd WANT to have tenants living in such a building, but if you could get liability insurance for it, you should be oK...if you could NOT get such insurance, I wouldn't touch it, as then, if somebody were living there, and died in a fire because they couldn't reach the exit, YOU'd be liable!

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