Must I raise my home?

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Q. I have a real dilemma. My garage and house were destroyed in Sandy. This is my first home. I repaired it right away, but waited and then tore the garage down, and was near the end of rebuilding it, on the same foundation, when one of my neighbors reported me. A building inspector, who issued a warning, told me if I didn’t file, I’d get a summons and have to go to court. The problem is, I never applied for any government help — I didn’t even know I could — and I understand that I may have to pay to raise the house because, as I’ve recently learned, since the house was more than 50 percent damaged, that’s an automatic requirement. Will I be forced to raise my home? How does this get forced on me if I resist, since I don’t have the money? And how do I confirm 50 percent? Is it by the extent of the damage, or by value? My insurance company was generous, and gave me more than I paid for the house just to repair it.

A. Wow, what a problem. Your neighbor has no idea what they did to you (or maybe they do). Talk about being neighborly! First, write a letter to your building inspector, saying you intend to hire a professional to guide you through this process and will need time to resolve the matter.  This written record satisfies the official that you are not ignoring the problem, and they can show it to a superior who monitors the progress of each case.

Next, get a tax assessor’s property card at 240 Old Country Road in Mineola, which gives an after-storm breakdown of house and revised property values. You need to look at the house cost and compare that with your insurance payout, a document you may later have to file a copy of with your application for the home repair. Yes, that’s right, you’ll need to file an after-the-fact “maintain of house repair” application, which your municipality has done a poor job informing homeowners is mandatory. After Dec. 31, your town will stop waiving the filing fee, and all those people who never filed will have to pay for the mandatory application.

Compare the values, and if you’re right and the home repair costs exceed the house value, you’re required to lift. How that will happen, or when, isn’t clear. You’ll have to put the requirement off as long as possible, for financial reasons, and as we all gain more experience with this Island-wide problem, I’ll report what’s happening. Many people can’t afford to lift, with or without the NY Rising program, as I previously reported, so you’ll need to stretch out the time and financially plan. A judge can order it, but that takes time, too. Another flood may come first. Good luck!

©2014 Monte Leeper. Readers are encouraged to send questions to yourhousedr@aol.com, with “Herald question” in the subject line, or to Herald Homes, 2 Endo Blvd., Garden City, NY 11530, Attn: Monte Leeper, architect.