What is a Grandfather Clause?

business economy

Sometimes a new city ordinance or building code change will immediately cause hundreds of older buildings to be in violation. Rather than penalize the buildings' owners, the government will insert a grandfather clause into the language of the new regulation. A grandfather clause is an exemption which allows current businesses or property owners to continue operating under the previous laws. A historic restaurant may be exempt from modern sprinkler laws, for example, because the retrofitting would be too expensive or difficult. A new restaurant built next door, however, would be required to meet the current fire safety codes.

A grandfather clause may also extend to private home ownership and zoning. If a new zoning regulation called for 10 feet of clearance on all sides, it would not be practical to physically move all of the current homes built before the zoning change. A grandfather clause would allow exemptions to homes built before the zoning change went into effect. It is important to note, however, that not all contingencies are automatically covered by a grandfather clause. Some changes require everyone affected by the law to take action, regardless of the age or condition of their home.

The current usage of the term grandfather clause is fairly benign, but the history behind the phrase is not. The original grandfather clause concept arose during the segregationist Jim Crow period following the Civil War. In an effort to discourage African-Americans from voting, laws were enacted in certain southern states which restricted voting rights to those who could prove an ancestor had legally voted before 1857. Since slaves could not legally vote before the Civil War years, their descendants were also deemed ineligible. Jim Crow voting laws were eventually struck down, but the idea of a grandfather clause remained.

For the most part, a grandfather clause benefits those who would otherwise face financial or personal hardship under new regulations. Occasionally, however, the practice has been used to allow unsafe businesses to continue operating without new oversight. Lawmakers must walk a line between the interests of the business community and the interests of private citizens. Grandfathering may not remove a current point of contention, but the new laws and regulations can make sure it is the last of its kind.

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29
I live in PA, in what was a very agricultural area and now apparently they have had some rezoning in that area and are making a lot of the properties residential. There is one in particular which has had sheep, but the sheep have been removed for a period of time and the individual wants to bring the sheep back. She has been told that even though the property was "Grandfathered" agricultural, because she changed the property(by removing the sheep), she is not allowed to bring them back. I believe this is unfair and that once it was "Grandfathered" agricultural, it should remain, Please tell me right or wrong. And should we fight this legally.
- anon37004
28
Should the owner of the property be able to subject people to black mold by doing cosmic cover up and not let the people know of the problem when the readings on the mold is astronomical. The news has been notified and the county health has been notified and no one wants to do anything about it. They say it is not their concern what an owner does to rent his places is his business. I feel this is wrong -- it should be a priority of the health board of the goings on around a place with such high counts and the news should be involved if only to make the owner aware of what he is doing. It is not right considering some molds can kill you and harm you.
- Pat1956
27
I live in a complex where it is not a sanitary enviroment with sewers, black mold, and other things going on the county has deemed the owner to be in violation of 2 units with the sewer and the owner seems to think he is above the law. One of the sewers are above ground and the water runs down and into the lake, the other one is broke under the ground and has a large sheet of metal lying over it and unprotected from any small child wondering around it and may fall in the oder is out of the world and everyone around here is affected by this that lives around here and he won't do anything about it. Does the grandfathers clause roll over when a new owner buys the property? --Truly Concerned
- anon36428
26
Hi Debbie,

Well I would get in touch with your local a university or if you have a lawyer referral service like we do in Canada you get a 1/2 consultation for 10 or 25.00 that would be your best bet I would think. Or if you have a local university Law Program their Students might be able to help you out.

Because I know there is the Pet Grandfather Clause or Law that if you have a pet and they say no pets you would be under the Pet Grandfather Clause. I hope this helps.

- Bigdaddy69
25
I live in a small city in NY state and they changed the code as to how many dogs we are allowed to own. Wondering how to find out about grandfather law ?
- debbiejo70
24
How long does something have to be on a piece of property to be grandfathered such as a building?
- blue
23
Hi Barb,

Thanks for the information about going to the local news.... I just can't believe that these people are getting or trying to get away with these things. Soon with all their rule and laws they might as well just put everyone in prison cause that is how I feel in my own home now. People decide what I can and can't do in my home and they also decide every other thing pretty much in my life. I guess Canada isn't a free country after all. Not sure where you are located, but your country might not be either. I am just sick of it. But thanks again Barb for your input.

Kerry

- Bigdaddy69
22
Hi bigdaddy,

Thank you for your input.

I have contacted my local news station, to see if they can help me.

Go to your local news website and look for a link action news, follow direction, maybe they can find a answer for you.

Barb

- xander105
21
Hi xander105, I would call legal aid or lawyer referral or depending on where you live your local university's law program. I asked my question and no one has responded.

I think it would come under grandfather law but I was told by a lawyer that only the Pets and Age have been proven in court so I could take it to court and argue it there but that costs more money too that I can't afford. I think they use the smoking thing as a oh you are harming other peoples health so they get away with it somehow. But contact a lawyer referral service or your local university. That's all I can suggest.

- Bigdaddy69
20
I have lived in this senior apartments for going on 9 years. When I moved in smoking was allowed.

Now they are saying that unless I agree not to smoke in my apartment I have to move. Having to move will cause me a great hardship, I cannot afford to move.

Management tells me I have no choice in this issue.

Doesn't the grandfather law come in here?

- xander105
19
How long does the grandfather clause last? Does it pass on with a change of owner? I sure would like to know the answer to this question.
- borregoholi
18
I manage a Mobile Home and RV park in California. We have some new owners and they are making lots of changes. There are several people who have lived in the Rv spaces for more than 10 years and their sites are a mess. The owners want to have the residents clean up their sites and follow the rules and regulations to help the park. One gentlemen thinks he's grandfathered in and doesn't have to follow the rules and reg. Is this true?

Also, the new owners want to change a policy that the Rv sites can only be occupied for 6 months. This way there is no homesteading. Can they do this or is park grandfathered in with the old rules?

- borregoholi
17
Well I live in Canada and I know Grandfathering does exist here.

My question is for the past 10 years they have been charging me the same rate for the 4 parking stalls that I rent from the Strata Corporation and as of February 25th, 2009 they voted to raise the rates to 30.00 per stall which I agreed with, however with that Rule they have put a premium in for extra stalls. Eg: I rent 4 parking stalls so the first one will cost me 30,00 the second one will cost me 45.00 the third one will cost me 60.00 and the forth parking stall is now going to cost me 75.00 so from paying for the past 10 years for those 4 stalls is has been 100.00 per month. With the new Rule it will cost me 210.00 per month. So I was wondering if I would be able to go under a Grandfather Clause for those 4 stalls?

And if I can how do I go about requesting that from the Property Management Company?

Hope to hear back from someone as soon as possible.

Regards,

Kerry Grant

- Bigdaddy69
16
Hello I live in california bought a home in 1976, but was built in 1946. The home has a back house unit that I believe used to be a garage and was altered before purchasing the house (with no permits). My question is.... would the city ask to tear it down if it was built with out a permit? or would it fall under this grandfather clause?
- jojoctg
15
My daughter and husband rented a house in Va, they have found out that the house has many problems, how could they find out if the this house is covered under the grandfather clause, as far as repairs, The house was a single wide trailer which has additions added on, there is no insulation or even a structured wall that in in between the addition or the trailer, there is only paneling, also, the ceiling in the kitchen has what looks like wet, subflooring. Is all this legal. They do not want to cause a big seen they do however what to know their rights by law. Any one know?
- godmysaviour
14
I have a question. My mother purchased her house in 1973 with an enclosed patio. The house is now paid off and the city is now asking her to take it down. They say it was never permitted. Can this situation fall under Grandfather?
- jessvic
13
If you were grandfathered in at a management pay percentage and you step out of management, are they to drop your pay lower then the pay percentage that the previous stylist that were grandfathered in?
- lisa5124
12
does the "Grandfather clause" apply to my situation? Are there any "Hardship" clauses that may apply? I live in Kenosha WI. Approximately 30 yrs ago, my mother remodeled her kitchen, removing a window & boarding it up. The siding used to cover the now windowless opening is of the same type of material but plain brown as opposed to the "fake brick" pattern of the rest of the house.

I took ownership in 2006 when my mother passed away but not without having to remortgage the home. In 2007 the City did neighborhood inspections & gave me various citations. One of which was/is for this window area of siding, stating it is a new city code enacted a couple years prior to the issuance of the citation.

They (the city) wanted me to recover the window area to match the rest of the house. I am hard pressed to find the "fake brick" style of siding, leaving no other option but to re-side the home. I do not reside in the home, it is a rental property, so therefore no grants or funding are available to me. In addition to this, one of the units was vacant for 6 months (no income), and I had to remodel (monies I possibly could have spent on siding) before I could re-rent it. It's not that I don't want to make improvements to the property, I simply don't have the funds. I will not take out another loan (I already carry 2 mortgages) as suggested by the property inspector. I am wondering if I can fight this citation via "The grandfather clause". Do I have a "Hardship" option? Orchid

- orchid
11
My dad has had a home business for more than five years, and has been paying business taxes to the city. Now the city told him he might not be registered as a business because he did not fill out a form he didn't know about. The city might try to close him down for new ordinances that he wont be exempt from under the grandfather clause. If he has been paying taxes as a business shouldn't he be classified as such?
- jmarroquin2
10
How does the grandfather clause work with septic systems that has been put in almost 47 years ago? And now the tech is wanting to make me put in a sprinkler aerobic system. Can you explain how this all works? No one can seem to help me.
- toushia1968
9
Just so everyone knows, once a property is sold, the grandfather clause as far as bylaws in cities, counties, etc. are not grandfathered in to the new owners.
- anon11960
8
We have a resident of our community that has not kept his house up to the standards of the bylaws that are in place for the community. The house was grandfathered in so they do not have to meet the bylaws. This was the original land developer for the community's home. The house has since been sold and the new owner has not done any repairs to the house. can the community enforce the bylaws and have the new home owner follow the bylaws for the community?

How long does the grandfather clause last? does it pass on with a change of owner?

- lazerous
6
I was promoted to Assistant manager about 6 months ago, and have since then been demoted. My question is, can my employer take away my raise that was obtained during the promotion? I was told that after 90 days of working a position and getting a raise, that if they were to demote me that they can't take my pay, under the Grandfather Clause. Is there such a law and what is it called?
- zaakwan
5
If government authorities pass an ordinance is a grandfather clause able to be exempt?

Example: If junk cars or trailers are banned by county ordinance, can this 'ban' still be implemented to the land owner later on, or can the government issue a 'time frame' on the exemption rule of being grandfathered in?

- cryingt
4
I would like to know the answer to the Horse question because I live in Southern Nevada and have the same problem with the number of horses owned and placed in a barn which was built 40 years ago. The zoning regs on the the number of horses is less than 30 years old and the house was built on the subdivided lot 22 years ago. Would the barn which is designed to house 7 horses be grandfathered to continue housing 7 horses?
- anon2106
3
land bought 10 yrs ago. My lot goes to within 30 feet of water. After 10 yrs, would GF clause suffice to own land?
- anon1542
2
i have owned my property since 1991. it is zoned for horses. my neighbor is threatening me with a lawsuit becuase of the dust that is created from riding. the laws that were in place in 1991 should cover me. there is also a strict anti-dust policy in place in southern nevada, as well as strict restrictions on when and how much watering i can do. the mayor of las vegas is allowed to water as much as he wants, and uses the grandfather clause as his blanket to get away with it. how does the grandfather clause effect or protect me if a law suit should come up?
- jojopotato

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