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Forced to sign an affidavit not to violate the law in the future?

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jeffcfa

New member
I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the zoning inspector wants me to sign an affidavit that I will not allow anyone to live (e.g., sleep, cook) in the basement. Is the City’s request legal considering that I am being forced to swear to abide by a law in the future? If so, what prevents the government from requiring all Americans to swear that they will not violate any law, so that the next time they get a parking ticket not only will they have to pay the small fine, but they can be imprisoned for committing perjury?
 


Zigner

Senior Member, Non-Attorney
I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the zoning inspector wants me to sign an affidavit that I will not allow anyone to live (e.g., sleep, cook) in the basement. Is the City’s request legal considering that I am being forced to swear to abide by a law in the future? If so, what prevents the government from requiring all Americans to swear that they will not violate any law, so that the next time they get a parking ticket not only will they have to pay the small fine, but they can be imprisoned for committing perjury?
It's perfectly legal for them to require you to state that you will not use the basement in an unpermitted way. Hell, it's probably already in your permit application anyway.
 

quincy

Senior Member
Yes, it is legal.

You are being asked to show your understanding of the limits of the permit being granted.

Everyone is expected to abide by laws. The affidavit is to show you have been advised of the zoning law that governs your basement improvement and you understand the law and the limits.
 

zddoodah

Active Member
the zoning inspector wants me to sign an affidavit that I will not allow anyone to live (e.g., sleep, cook) in the basement. Is the City’s request legal
Yes.

what prevents the government from requiring all Americans to swear that they will not violate any law, so that the next time they get a parking ticket not only will they have to pay the small fine, but they can be imprisoned for committing perjury?
The definition of "perjury" prevents that.
 

not2cleverRed

Obvious Observer
I applied to my Connecticut city’s Building Dept. for a permit to finish my basement, which will not have a bedroom and therefore not require an egress window. In order to issue me a permit, the zoning inspector wants me to sign an affidavit that I will not allow anyone to live (e.g., sleep, cook) in the basement. Is the City’s request legal considering that I am being forced to swear to abide by a law in the future? If so, what prevents the government from requiring all Americans to swear that they will not violate any law, so that the next time they get a parking ticket not only will they have to pay the small fine, but they can be imprisoned for committing perjury?
So... You were planning on eventually having someone sleep there, or selling the property as having a basement apt., and this would preclude you from doing that and feigning ignorance?

They're just asking that you acknowledge the limitations of the space so that you can't claim later "but I didn't know".
 

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