Q: I live on Long Island and recently while I was away at college a house next door was built (one of those huge million dollar places) and it completely blocked out my view of the sky!
Is there anything I can do to complain about this? Is it okay for a nice bungalow to be torn down in order to make way for an ugly monstrosity with four floors on a small lot?
It’s probably too late for me now, but I would like to know for the future…
- John, NY
A: Hello John!
What a bummer to come back from college to find a McMansion all up in your grill! This is happening all over the country, where cute homes with charm and history are being replaced with new construction. Sometimes the new homes fit the vibe of the community. Other times, they are eyesores. Sounds like the latter applies to your situation.
As you suspect, it is most likely too late for recourse. The house is already built. Chances are, for a massive four-story building to have been fully completed, it had to go through many rounds at the Planning and Permit Departments at your city to get approval. Sometimes an builder will cut corners on permits for small projects, like kitchen remodels. But it is hard to construct a million dollar home on the DL.
As a last resort, you could go to the city and make sure all the proper permits were pulled for construction. If there is something illegal about the property – like a not-permitted in-law unit or parts of the building that don’t meet code, you might be able to flag the city to have the property modified. At best, the owner will make the changes to satisfy the city, but the nice bungalow will not return.
Some cities also have “view ordinances” attached to certain neighborhoods. If that exists where you live, you might be able to make a case that the neighbor violated the view ordinance and you are due damages because your view is not blocked.
For future reference, when a substantial building is being proposed, they are often supposed need to put up notices for a period of time to alert the community of this potential change in the neighborhood, especially if the building is re-zoned or does not fit the rest of the area. There is usually a time frame for people to voice their concerns. Some cities with strict building rules also require a consensus from the neighbors, whereas some laxer cities don’t require much at all.
But John, look on the bright side. If your neighbor is indeed a million-dollar home, it may increase the property value of the neighborhood. It’s better than coming back from college to see a shanty town slum settlement next door!
- Herman
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Herman Chan, a realtor, has appeared on HGTV’s House Hunters, My House is Worth What, and as a commentator on other networks. Realtor Magazine called him the “Internet Sensation Videoblogger.” Chan’s columns on real estate will alternate with his video blogs on real estate every Tuesday on 365gay.
