Help for Illegal L. A. Conversions, Construction & Real Estate Problems

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What to Do When You’ve Been Cited for an Illegal Garage Conversion, Illegal Guest House Conversion, Illegal Building Construction and Other Los Angeles City and County Building Code Violations

In 2014, if you’ve been cited for any form of illegal building code violation, it can be a surprising, scary, and confusing thing.  First, know who (or what) you’re up against.  To help you start to understand what’s going on and what you have to do – I’m going to give you 7 tips that will help calm your nerves and set you on a course of action.

Tip #1:  Know WHO You Are Dealing With

If you are reading this website, getting a code citation for your property is a new experience.  The type of property you have determines who you deal with.  For instance, in Los Angeles, it works this way:

City of LA

Residential Income (Apartment buildings) – Los Angeles Housing Department (in conjunction with the LA Department of Building & Safety)

Single Family Residence – Most of the time this is for houses, but condominiums are covered here, too – Los Angeles Department of Building & Safety

County of LA

(Los Angeles County) Department of Public Works or Regional Planning, Zoning Enforcement Section.

In other Southern California cities and counties, it’s usually a combination of one or more of the agencies used by Los Angeles.  So tip #1 is to know who you are dealing with.

Tip #2:  Know WHY You Are Dealing With a Code Citation

The truth is – it’s usually not your fault.  Back in 1998, the City of Los Angeles decided to start a Code Enforcement Bureau within its Department of Building & Safety.  Theoretically, it was to insure the safety of residential units in the city and to combat the conditions provided by slum-lords.  In theory, that’s still true today.  Except . . . savvy property owners know the primary reason is to raise REVENUE for the city; every city.  Inspections have become citation-writing exercises.  (Unless you’ve been cited) you wouldn’t believe how “ticky-tack” some of the citations are.  As the number of inspectors increased, the levels of bureaucracy increased as well. So that’s the real reason you’re being cited; to pay for the bureaucracy and to increase city coffers – and to keep residential properties safe.  Theoretically. 

Tip No. 3   What a Notice / Order to Comply means for home-owners.

Not only are apartment buildings a prime target, but so are all single family residences especially in the city of Los Angeles through the Department of Building & Safety. This means all changes made to the footprint of the property structure done without permits will need to be permitted, converted back, or demolished. All three options can cost more than you ever imagined.

On a single family house, the most common problems are:

•    Guesthouse Addition
•    Converting a Garage to Living or Recreational Space
•    Second Story Addition
•    Attic or Basement Conversion
•    Enclosing a Patio or Porch
•    Room Addition

Perhaps, like many homeowners, you added a room, or simply enclosed a portion of your home – without a permit.  If your local  Department of Building & Safety comes calling – either because they were tipped off to a problem, or perhaps because they simply observed one minor problem on your property that led to a closer inspection and then BAM!  Then they’ve got you for illegal construction, and it will create a world of hurt for you.

It’s crucial in any of these situations to know how to proceed without getting your rights trampled in the process
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Tip No. 4:  What a Notice / Order to Comply means for apartment owners.

It is rather common in the city of Los Angeles, to own a building with one or more units built without permits.  Sometimes the owner knows about it, sometimes not.  [If you purchased residential income property without knowing it had a code citation, see my Real Estate page.]

When you get an Order to Comply or a Notice and Order of Abatement, it means a government department is ordering you to correct your violations.  In Los Angeles, that would be the Housing Department.  If not corrected in a time sensitive manner, additional fees will start compounding.

While there are certain similarities required to legalize an addition to a house versus and apartment building, the biggest difference is the application of the parking requirements.  Whereas parking for a single family residence may be as (relatively) simple as adding an inexpensive carport, it’s another story re-configuring parking for an apartment building.  As each property is unique, there are many other property issues that will arise, but all areas need to be researched in order to identify if your unpermitted unit can be legalized. If you have been cited, there is a short window of time to take action.

On a multi-unit building, the most common problems are:
•    Adding a Unit or Units
•    Converting a Recreational Room to Additional Square Footage to an Existing Unit
•    Converting Storage Space to Common Area


More important, if you don’t act quickly, you could find yourself in a heap of REAP.

It’s crucial in any of these situations to know how to proceed without getting your rights trampled in the process.

Tip No. 5:    Why You Want to Say Out of REAP if You’re an Apartment Owner

This subject deserves a page of its own, so please go to my REAP page for more details. 

Here are the basics.  A property is placed in REAP (Rent Escrow Account Program) when the violations on an Order To Comply notice from the Los Angeles Housing Department are not being corrected fast enough to satisfy the violations.

If Your Property is Placed in REAP you can expect a Loss of Monthly Income, Tenants paying their rent to LAHD instead of to you, Rental income reduced up 50%, and that’s just for starters.

The longer your property stays in REAP, (and coincidentally, the city has designed the program so that your STAY in REAP far beyond the time you should), the larger the financial drain. It is about ten times more difficult to get out of REAP as opposed to a typical Order to Comply. The Case Manager now not only looks for the cited violations, but ALL deficiencies on the property. No one’s property typically passes on the first or second rounds. Additional sign offs will most likely be required from Building & Safety, Department of Health Services, Community Outreach and/or The Fire Department.

You have to comply, and the sooner the better – but you’ll be surprised at what you may do, versus what you must do – and WHEN you have to do it!

Tip No. 6:    What the Inspectors will say to you 99% of the time.

It’s a funny thing, but 99% of the time the Inspectors say the same two things, no matter which city, county, or department they’re in, and that is:

1.  The property cannot be legalized and

2. Tear it down and return the structure to its original condition.

Only you know what?  When they come calling, 99% of the time they are not in a position to know if that’s true or not.  Because it takes research and analysis, and frankly, they don’t have time for either -unless you’re accused of being a slum-lord with a large enough building that it makes economic sense for the Inspector to check things out first.

Inspectors are good people, but as a property owner, “don’t believe everything you hear,” because if you do, your rights will get trampled and your rental income will be reduced – perhaps unnecessarily so.

Tip No. 7:  What You Should Do if You are Cited for an Illegal Unit, Garage Conversion, Guest House, or Construction done Without a Permit.

If you want your citation resolved right – the first time, I urge you to give me a call.


Hi, I’m Andy Baker. I’ve been serving the Los Angeles and San Fernando Valley for the past 18 years as a real estate and construction attorney.  I know how to help people in situations that are similar or identical, to yours. 

I was a real estate agent in Los Angeles for over 13 years.  I was pretty familiar with real estate problems. 

But it wasn’t enough; legal issues kept cropping up. 


In fact, I spent so much time on the phone with my real estate attorney that I decided to become one!  This combination of experience gives me a unique "real-world" perspective - it
allows me to resolve LA Code Compliance matters by crafting creative and pragmatic solutions.
                      
I have been professionally assisting apartment owners in these situations for years.  I have run into many of the barriers that you can expect to run into and many that you would never expect. I still get surprised by what can happen. Most situations seem straight-forward, but take unexpected turns.
I can help you...

  • Identify what you can or cannot legalize on your property;
  • Identify what you can add or convert (guesthouse, garage conversion, addition or modification);
  • Lead you through the legal process; and
  • Protect Your Rights.
Violations of these codes can lead to HUGE fines and penalties – and criminal charges being brought against you!

The starting point is with my FREE telephone consultation, where I will
  • Go over your facts
  • Ask you questions
  • Discuss your Notice to Comply / Substandard Order
  • Present you with ideas of how to remedy your problem
  • Explain your legal rights and your obligations
  • Answer all of your questions
  • Discuss my services with you
  • Provide you with information to empower you

Your conversation with me will last about 25 minutes, depending on the complexity of your case.  This consultation can save you thousands of dollars plus substantial time and aggravation.  It’s at least a $160.00 value, yet the consultation is 100% free, without obligation.  


After that, both you and I will know how to best tackle your problem.  I have several cost-effective ways to proceed, so that you get your problem addressed in a timely fashion and at a reasonable price.

"I didn't know what to do when I was first cited for having illegal construction.  Fortunately, I was referred to Andy Baker.  Andy is very knowledgeable, helpful, and I have enjoyed working with him.  I realize that in LA, you really need a good real estate attorney, and that describes Andy Baker."
- Susanna K-Buday, Property Owner  Los Angeles, CA


"I find Andy Baker to be honest, ethical and knowledgeable - a rare find."
- Bryan Morrell, Construction Consultant  Calabasas, CA


"When I was first cited for having an illegally constructed unit, I was very confused as to what I needed to do.  Andy was very helpful in dealing with the city and helping me navigate through all the red tape.  Andy is insightful, sharp and easy to work with."
- Antonio S., Multi-Unit Property Owner  Los Angeles, CA



To set up your unbiased Cite Code Violation Consultation

or to ask me any of your questions

simply call me (Andy) at 818-620-6023

or email me at

andy@andybakerlaw.com



I look forward to talking with you soon,



Andy Baker

The Code Compliance Lawyer
22287 Mulholland Hwy, No. 131
Calabasas, CA 91302
Tel. (818) 620-6023
andy@andybakerlaw.com


I help people legalize their homes and apartment investments, and avoid costly consequences.
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