Dividing a house

Monte Leeper

Q. My house has been on the market for six years and I just can’t part with it for less than I paid. Under the circumstances, I’m thinking of having my daughter and son-in-law’s family take it over, and we would make just a small apartment for ourselves here. What are the ramifications of doing this, permit-wise? Does the county have to give us the permit and will our taxes change, up or down?

A. Other than the issues of how you all get along under one roof, there are questions to consider with ownership and advantages to keeping the house in your name or putting title in your daughter’s name.

Some communities allow you to rent out a portion of your home under the description “senior (owned) residence.” The Town of Hempstead requires that you be at least 62, and that at least one of the two living occupancies be at least 800 square feet. Although Hempstead allows the senior residence unit without a zoning variance process, most municipalities require a variance and refer to it as a mother-daughter permit, for homes with two related families living under the same roof and parents under 62.

The difference is that the senior resident status allows for rental to person(s) other than family members, in the Town of Hempstead. Keeping the home in the name of a senior can maintain the status of certain tax reductions, such as the STAR program, although you should consult the county tax assessor’s office (at 240 Old Country Road) and an accountant as to whether other tax incentives are available for seniors.

Taxes increase with the change in description based on the greater number of households on one property. There’s more usage of municipal services, theoretically, based on the increased density of population per acre. Sounds unnecessarily strict, but imagine every neighborhood household doubling and you’ll realize why the rules exist. Remember that separate means separate: that two living areas will have two kitchens, separate living room and bedroom areas.