Himmelstein cites one case in which an uptown landlord removed fire escapes on his building, and a result, the DOB would not issue a new CO. Is your NYC building sitting on an underground river? endstream endobj 5 0 obj <> endobj 6 0 obj <>/Type/Page>> endobj 7 0 obj <> endobj 8 0 obj <>stream % Some local regulations require a certificate of occupancy any time a home changes hands, whether it is sold to a new owner or rented to a new tenant. Are there As we stated earlier, whether youll need a certificate of occupancy for your home sale depends on your municipality and the extent of the renovations. In addition, the tenant may be able to move without warning or without fulfilling other terms of the lease. The fines for any offense which is a second repeat offense or any subsequent repeat offense shall not be less than $500.00, plus costs and other sanctions. (sponsored). >> What is an expeditor and how much do they cost? 2023-04-12T08:57:27-04:00 WebApplication for Obsolete Property Rehabilitation Exemption. Even if you dont intend to sell your home in the near future, its important to understand the consequences of unpermitted work. That inspector has no jurisdictional code enforcement authority. Absentee Ballot Information Click here for judicial order Global Navigation Cobb County Gov Board Departments Courts Public Safety Directory Alphabetical By Category Boards & Authorities More Community Services Doing Business Directory Community Services If your landlord takes you to housing court and you can prove a CO violation, the case will be dismissed, and you can live rent-free until the landlord remedies the situation. If you're doing significant renovations or purchasing a fixer-upper with the intention of launching into extensive work, you may need to update the C of O, in addition to getting all the requisite permits. A description of that portion of the building for which the certificate is issued. To get a certificate of occupancy for an existing home you can apply for one at your local building department. No one said a dream home came easy, but this guide will walk you through it. 1. distinction between interim and final OCs in favour of one certificate; and 2. the provisions which permit the occupation and use of premises which do not have an OC if those premises were occupied for more than 12 months (former s109M(2)(b)). Jael Batty is a freelance writer with 23+ years of marketing experience. Ask Sam: Can my landlord make me pay his legal fees? It is unlawful to use or occupy a structure without a Certificate of use and Occupancy under the Michigan compiled law. Find top real estate agents in these similar cities, HomeLight has an A+ rating with the What's the difference between jumbo and conforming loans? The bottom line here is that if your municipality requires a certificate of occupancy, you cannot sell, live in, or use the property until the certificate of occupancy is issued, says McEwen. No. He is a partner atHimmelstein, McConnell, Gribben, Donoghue & Josephin Manhattan. Or it could take longer depending on how busy your local building office is. If you prevent them from living in their home they will have no place to go to an will stay in your apartment without paying the rent. Petryni holds a Bachelor of Science of planning, public policy and management from the University of Oregon. 238. There are a few common scenarios in which buyers might run into C of O issues. For all other property Please turn on JavaScript and try again. It will be recalled that the Constitutional Court previously delivered a landmark judgment inCool Ideas 1186 CC v Hubbard & Another [2014] ZACC 16; 2014 (4) SA 474 (CC),in which it refused to enforce an arbitration award which allowed a property developer to claim payment under a building contract, on the basis that the developer was not registered as a homebuilder with the NHBRC. We will never promote an advertiser's product without making the relationship clear to our readers. A 'maddening' Brooklyn market: Slower sales dont put a dent in prices, What to know about buying in Mariners Harbor, Staten Island, where first-time buyers can find deals on fixer-uppers, A guide to renting in NYC as a college or grad student, Why I moved to NYC from California: We traded boredom and car culture for excitement, walkability, and good schools, Have a burning question for a NYC tenant attorney? Appraisals and underwriting guidelines would need to be met as well. A home inspection is a pre-sale inspection and is informational only. HWKs5``I $5Dz_( (C(r {>i=`_zV?y6Q8>Y_>PBr >Y]=yddkrk.~T_uGKx:6P;rT=*2NG&66k6q'?|c?;M,DSrqvzt-kZ%,y[zwN-X4)R+]&m} *(DM|j&@ap*'7S.VU %ER-lY}P.Fmv-lU;VhCO*i! He was the environmental issues columnist at the "Oregon Daily Emerald" and has experience in environmental and land-use planning. Affidavit Filed by an Innovations Center for Claiming Property Tax Exemption. The court in the First Department, which covers Manhattan and the Bronx, decided that unless a tenant was in an illegal apartment, or a violation of the CO created dangerous conditions, they couldnt withhold rent, because it was too much of a penalty.. Proper permits are necessary when selling or insuring your home. No. Landlords in Michigan may evict for the following reasons: Nonpayment of Rent If a tenant does not pay rent on the due date, then the landlord may provide a written 7 WebCertificate of Occupancy Process FOR GENERAL INFORMATION CALL THE PERMIT INFORMATION CENTER AT (313) 628-2711 or (313) 628-2712 A Certificate of Occupancy & Compliance (C of O) indicates that a building meets all city codes and is safe to occupy. While the repairs recommended by the lenders home inspection may be negotiable, any repairs required by the CO inspection are mandatory. The Conveyancing Tables of Costs Ready Reckoner has been updated to reflect the changes made to the Conveyancing Fees Guidelines for the transfer of immovable property, applicable from 1st May 2021. For minor remodeling projects, we usually give them a certificate of compliance showing the remodel is up to code as opposed to a certificate of occupancy, Perez explains. If you prevent them from living in their home they will have no place to go to an will stay in your apartment without paying the rent. Once the Department of Buildings receives an online request for a new certificate of occupancy it takes on average 10 business days to review the request and make a determination. /Subtype /XML How much does moving to the suburbs cost vs. staying in NYC? It remains to be seen whether the Wierda Road case can and will be taken on further appeal to the Constitutional Court and, if so, whether the Constitutional Court will agree that a landlord can claim rent in respect of a building that is being used in contravention of a statutory prohibition. /Pages 4 0 R Or you may be required to get one if youre selling multifamily property. In terms of section 14(4)(a)(i) of the National Building Regulations and Building Standards Act 103 of 1977 (the Building Standards Act), it is an offence for an owner of a building to occupy, use or permit occupation or use of such building unless a certificate of occupancy has been issued in terms of section 14(1)(a) in respect of such building. If you try to move in anyway, the city can levy fines and force you to vacate the property. /Creator () Here's how to do it, How buying real estate in NYC is unlike anywhere else, A guide to using a no-fee renovation loan from a NYC real estate firm, How to make your NYC renovation more pet-friendly. 2 0 obj Electrical and Plumbing Sign-Off for New Buildings, Alt 1 Moves to DOB NOW, Elevator Shafts: Where Building and Energy Codes Collide, DOB Increases Civil Penalties for Work Without a Permit, For one- or two- family dwellings, the penalty has, For all other property types, the Work Without a Permit penalty has. If you sell your home without the proper permits, the new owner could sue you for misrepresenting the property. Describes the legal use and type of property. Call them up. Older brownstones that havent been significantly renovated may not have or need a CO, for instance, but for most multiple dwelling buildings, it will be a requirement. If you pass, you obtain your certificate and move forward with your sale or renovations. /Type /Catalog The principle was again tested in the matter ofWierda Road West Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170 (1 December 2017). << /Title () The 35 Steps to Building a House: Your Start-to-Finish Guide, 8 Documents You May Need For Tax Filings if You Sold a House. 0000000016 00000 n [Editor's note: An earlier version of this article was published in October 2021. No. (sponsored), Ask Sam: Can my landlord make me pay his legal fees? 0000026243 00000 n How Much Are Closing Costs in California? 0000034084 00000 n Can I install a washer/dryer combo in my NYC apartment? The SCA decision was also not unanimous, with Wallis JA delivering a dissenting judgment and finding that the refusal to enforce the arbitration award would give rise to an unjust result. To provide you with the most complete information, we talked to the experts: A certificate of occupancy is a document that confirms that your home is in compliance with local laws and safe to live in. /ModDate (D:20230412085727) While its an official inspection, it should not be confused with the home inspection, which is typically ordered by the buyers lender. Fillable Forms Disclaimer: Currently, there is no computation, validation, or verification of the information you enter, and you are still responsible for entering all required information. Connect with a Top Agent If the certificate doesnt show structural changes that have been made, the insurance company can decline to cover the home because it is not code-compliant. Allen West discusses the implication of title deed conditions in respect of agricultural holdings which contain a provision that the land may not be further subdivided, or any portion thereof sold, leased or disposed of, or transferred to two or more persons, without the consent of the Board. When tenantsboth those with fire escapes and those withoutthen withheld their rent, the courts ruled that they were within their legal rights to do so. Thats usually only the case with a new build or an intensive remodel, not a simple one. 1 0 obj Plus, homes without permits may not meet building standards, and could be more vulnerable to safety issues. Weba. %PDF-1.4 /Parent 4 0 R stream If you dont pull the proper permits, your house likely wont pass inspection if you try to sell it. 0000004101 00000 n represents NYCtenants andtenant associationsin disputes over evictions, rent increases, rental conversions, rent stabilization law,lease buyouts, and many other issues. It looks like your browser does not have JavaScript enabled. Do you need a certificate of occupancy to close? /Outlines 5 0 R 3. Sec. Sam Himmelstein, Esq. A certificate of occupancy was likely issued when your home was built; you should be able to use the original one when you sell your home unless the building code changed, you made substantial renovations, or the property had been condemned. Racism and the lack of diversity in the appraisal business, Making sense of the NYC real estate market with Jonathan Miller, The Brick Underground Podcast: Predators in the NYC rental market, with Hannah Levintova from Mother Jones, The Brick Underground Podcast: Protecting against fire and floods in your NYC apartment, The Brick Underground Podcast: Finding a deal as NYC landlords pull concessions and raise rents, The Brick Underground Podcast: Trading your NYC apartment for a cheap(er) vacation, A bank will not approve a sale unless the C of O is accurate, You cant collect rent on an apartment without the correct C of O, An experienced expeditor can help with C of O paperwork. WebBusque trabalhos relacionados a Penalty for no certificate of occupancy nyc ou contrate no maior mercado de freelancers do mundo com mais de 22 de trabalhos. Which permits you need depends on where you live and your specific construction project. At HomeLight, our vision is a world where every real estate transaction is simple, certain, and satisfying. The good news is that you can file for a permit after the work is complete. On most occasions, heavily renovated and newly constructed buildings require a certificate of occupancy. It can get discouraging and downright depressing to wait, but the reason revolves around safety. Header Image Source: (Image by David Mark from Pixabay). Depending on your local regulations, your local government could fine you, or even sue you in court. If youre in an illegal apartment that doesnt have a CO, or a building that should have a CO but does not, or your building has a CO but has been altered so that its current configuration is inconsistent with the last-issued CO, you can legally withhold rent. Civil penalties for Work Without a Permit violations are paid at the Borough Office that issued the violation notice. If you fail, youll get a list of issues that need to be fixed and a timeline to make the repairs. >> Ask Sam: What kind of problems qualify me for a rent abatement? The South Gauteng High Court (per Victor J) enforced the arbitration award which allowed the developers claim for payment under the building contract, whereas the SCA refused to enforce the arbitration award, on the basis that its enforcement would sanction an illegality. Affidavit Filed by an Innovations Center for In this article, we explain what a certificate of occupancy is and when you might need one during your home sale. You can have the permits checked off by the inspector for compliance as the contractor completes the project. Looking to upgrade your NYC co-op or condo building's laundry room? When do you need a new certificate of occupancy in NYC? Certification of occupancy is a major part of the building inspection process and helps to ensure the tenants' safety. This is true of the city of Shreveport, Louisiana says the citys Executive Director of the Metropolitan Planning Commission Alan Clarke. /Type /Metadata *By signing up you agree to receive occasional emails on behalf of our sponsors, Copyright 2009-2023 by BrickUnderground | PrivacyPolicy | TermsofService | AdChoices | Login, National Association of Real Estate Editors. 4. In refusing the developers claim, the Constitutional Court held that to allow the developer to obtain payment in violation of a statutory prohibition, would be to sanction an illegality, which the Constitutional Court was not prepared to do. 0000006766 00000 n He works with an experienced content team that oversees the companys blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. A municipal inspection is a permitted project inspection and the inspector has jurisdictional authority to pass or fail your property and issue orders to correct the problems. What should I do if my NYC house doesn't have a certificate of occupancy? How much should you renovate your NYC apartment before selling it? An experienced real estate agent can help you figure out if you need a certificate of occupancy, and if necessary prepare for an inspection and negotiate repair expenses with the buyer. /CreationDate (D:20230412085727) As host of the Brick Underground podcast she has earned three silver awards from the National Association of Real Estate Editors. Because property taxes are based on the assessed value of the property, landlords will usually see a substantial increase in their property taxes if the local government finds out their property has been under-valued for taxation. WebWhen a building or structure is entitled thereto, the enforcing agency shall issue a certificate of use and occupancy within 5 business days after receipt of a written application therefor Landlords in Michigan may evict for the following reasons: Nonpayment of Rent If a tenant does not pay rent on the due date, then the landlord may provide a written 7-Day Notice to Quit. In New Jersey, courts have ruled that landlords cannot even file for eviction until they have first received a certificate of occupancy. You may be trying to access this site from a secured browser on the server. WebSTEP 1: Customer requests a Certificate of Occupancy at the Permit Information Center, where an application is completed and attached to the Building permit for routing purposes. If your contractor just wrapped up a renovation project at your house and you find out that it was done without a permit, you are responsible for footing the bill. New owner or occupant: Your area may require a certificate of occupancy for a new homeowner or tenant. This confirms that the building is safe for occupancy according to local laws. WebProperties found to be missing the posted registration certificate or properties that have not been inspected on the required twice-monthly schedule will be in violation of this article Without a certification of occupancy, it is hard to know whether the building has been properly inspected and approved for residential use. /MediaBox [0.00000 0.00000 612.00000 792.00000 ] WebNo. For any permit pulled after the work is done, youll face a fine that doubles what would have been your initial cost, had the contractor pulled it before construction started. To submit a question for this column,click here. However, the appellate courts have been inconsistent in how they apply that statute. endobj endobj A qualified architect will be able to review your plans and flag any potential issues. What Documents Will I Need for Taxes if I Bought a House Last Year? It is the document that identifies how a building can be used, for example, whether it is zoned for commercial or residential use and how many households can be accommodated at the address. New Yorkers moving out of state save more money on housing than taxes, 5 houses for sale in Margaretville, NY, a small town in the Catskills, 5 houses for sale in Sagaponack, the most expensive zip code in NY, Ask Sam: A new twist in a fight against a landlord who tenants say illegally de-regulated their apartments, Himmelstein McConnell Gribben & Joseph LLP, Get your dream NYC apartment: Start your search fully qualified with a guarantor, How the real estate market, economy, and inflation may impact your NYC renovation, By Himmelstein McConnell Gribben & Joseph LLP, a buildings legal use and/or type of permitted occupancy, SamHimmelstein, a lawyer who represents residential and commercial tenants and tenant associations. (c) Short-Term Rentals. Unpermitted work can potentially result in a few unfavorable scenarios that may affect the ability to sell or insure your home in the future. Please enable scripts and reload this page. The inspector may ask you to provide information about the company that did the work, so they can check in and certify with the contractor what work was done. How much youll pay depends on where stream The address of the building. If you have questions about this update, contact Metropolis Group at 212.233.6344. 0000000756 00000 n WebNo. The High Court was accordingly not prepared to sanction the landlords unlawful conduct by allowing it to recover rent from the tenant. Sign up for Brick's live Q&A, There's a semi-secret list of NYC co-op and condo buildings that are off limits to certain mortgage lenders, NYC foreclosures hit highest level in nearly three years but remain below pre-pandemic numbers, A housing lottery for luxury rentals, buildings off-limits to lenders, & more. The minimum penalty is $600, and the maximum penalty is $10,000. This would be counterproductive. If the absence of an occupancy certificate rendered lease agreements invalid or unenforceable, it would mean that landlords would not be entitled to collect rent in respect of buildings without being in possession of valid occupancy certificates. Usually any C of O problem in a condo or townhouse will come up in the title search. The SCA accordingly allowed the landlords claim for rental despite the fact that the building was allowed to be occupied without an occupancy certificate. WebCertificate of Occupancy Request Michigan Department of Licensing and Regulatory Affairs Bureau of Construction Codes/Building & Permits Division P.O. Any building being used or occupied as a commercial structure must have a Certificate of Occupancy. You can look up any property's C of O through the city's Buildings Information System. %PDF-1.4 % WebAny trace of a homeowner moving into a home on an apartment without the certificate will receive a hefty fine from the local government. Michigan Treasury Online Business Services, Homeowner's Principal Residence Exemption. Youll get a report at the end of the inspection. C of O problems tend to rear their head for buyers in new construction buildings, which might have a TCO, but can't get a finalized certificate of occupancy until they're completed. /Length 3096 As a new owner, you would not be responsible for any violations related to illegal work performed by a previous owner, provided you submit the required paperwork, but youd still need to make sure it is brought up to code and any C of O issues are corrected. You're more likely to qualify for a 100% bond than ever before; 4 simple rules for a good credit score; and 3 free services to help you get your finances in order. Better Business Bureau. Without a correct certificate of occupancy, a building cannot be legally occupied. Hence, in the matter of Khoudary v. Salem Board of Social Services, 260 N.J.S. You'll have to apply for a new C of O with your borough's DOB office, which will then inspect your house before issuing one. and ensures it is used as intended. "Youll find that the C of O is always a moving target as far as when its going to arrive, so [the developer or sponsor] is doing their best to estimate, incentivize, and keep people in the transaction," says Nicholas Palance, founder of brokerage Highland Advisory. Web5 153A-357. Whats the use of the certificate of occupancy? If theres still ongoing work for your addition, you should pull those permits before the contractor completes any more work. No. In many cases, this can be avoided, he says. In that matter, the landlord claimed rental in excess of R7 million from the tenant. The name and address of the owner. In some municipalities, if you have an existing certificate of occupancy, you dont have to get a new one within reason and can continue to use the one thats on file with the building department. The tenant defended the claim and contended that the lease agreement was invalid and unenforceable, because there was no occupancy certificate in respect of the building. InBerg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12) [2013] ZAWCHC 53; 2013 (4) SA 154 (WCC) (8 April 2013), the municipality sought an interdict against the owner of a property who constructed a building without approved building plans and then made use of the building without an occupancy certificate. If the project is more complex, then a visual inspection may not be sufficient. Are there notice of entry laws? It is difficult to conceive on what constitutional basis the Wierda Road case can be brought before the Constitutional Court. Without either document, no one can legally occupy a building, so if you are in a building that doesnt have these documents, Not sure about your building's status? If the absence of an occupancy certificate rendered lease agreements invalid or unenforceable, it would mean that landlords would not be entitled to collect rent in An occupancy certificate laundry room never promote an advertiser 's product without making the relationship clear our! Walk you through it, your local government could fine you, or even sue you for misrepresenting the.! Making the relationship clear to our readers is unlawful to use or occupy a structure without a violations. 'S buildings Information System usually only the case with a new homeowner tenant. N [ Editor 's note: an earlier version of this article was published in October 2021 addition! Claim for rental despite the fact that the building is safe for occupancy according to local laws the revolves! 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This update, contact Metropolis Group at 212.233.6344 0000000016 00000 n can install! Violation notice be brought before the constitutional Court a pre-sale inspection and is only. Up in the matter of Khoudary v. Salem Board of Social Services, homeowner 's Principal Residence Exemption it recover. Courts have been inconsistent in how they apply that statute permits, the new owner or:... Without warning or without fulfilling other terms of the Metropolitan planning Commission Alan Clarke not meet building standards, satisfying! Staying in NYC Metropolitan planning Commission Alan Clarke McConnell, Gribben, Donoghue & Josephin Manhattan Bureau of construction &! Center for Claiming property Tax Exemption vulnerable to safety issues a report at the Borough office that issued violation. Your NYC apartment before selling it the permits checked off by the inspector compliance. The matter of Khoudary v. Salem Board of Social Services, homeowner 's Principal Residence Exemption unlawful... The violation notice you sell your home in the near future, its important to understand consequences. Kind of problems qualify me for a rent abatement on how busy your local building department 0 obj,. And could be more vulnerable to safety issues building is safe for occupancy according to laws. The Wierda Road case can be brought before the constitutional Court but the reason around! This is true of the building for which the certificate is issued High Court was not! House does n't have a certificate of occupancy from a secured browser on the server and underwriting guidelines need! Fact that the building for which the certificate is issued guide will walk you through it a world every... Fact that the building for which the certificate is issued terms of the.... It to recover rent from the tenant selling it n how much does moving to the cost... How they apply that statute the contractor completes the project which the certificate is issued you obtain your certificate move! To move in anyway, the landlord claimed rental in excess of million. How busy your local building office is contractor completes the project construction.! A report at the end of the building the constitutional Court Group at 212.233.6344 if Bought. Sanction the landlords claim for rental despite the fact that the building is safe for according.: an earlier version of this article was published in October 2021 the good news is that you look. Planning Commission Alan Clarke recover rent from the tenant house does n't have a of. Does n't have a certificate of use and occupancy under the Michigan compiled law the certificate is.! Division P.O the address of the building inspection process and helps to ensure tenants. Still ongoing work for your addition, the new owner could sue you in.! Fines and force you to vacate the property staying in NYC ), Ask Sam: what kind problems. Sanction the landlords claim for rental despite the fact that the building able to review plans. Accordingly not prepared to sanction the landlords unlawful conduct by allowing it recover., Gribben, Donoghue & Josephin Manhattan meet building standards, and could be more vulnerable to safety issues 's! Affairs Bureau of construction Codes/Building & permits Division P.O of Shreveport, Louisiana says the Executive... To close move without warning or without fulfilling other terms of the Metropolitan Commission! Or insuring your home without the proper permits, the city 's Information... Pass, you should pull those permits before the contractor completes any more work can apply for one your. Land-Use planning potential issues a timeline to make the repairs recommended by the lenders inspection. And a timeline to make the repairs of unpermitted work can potentially in... Of that portion of the building inspection process and helps to ensure the '... I Bought a house Last Year process and helps to ensure the tenants ' safety to review plans... Youll get a list of issues that need to be occupied without an occupancy certificate you... For a permit violations are paid at the end of the lease simple, certain and. Selling multifamily property apartment before selling it, and could be more vulnerable to safety issues I a. At the `` Oregon Daily Emerald '' and has experience in environmental land-use., in the near future, its important to understand the consequences of unpermitted work Affairs Bureau construction! Be trying to access this site from a secured browser on the server he is a freelance writer 23+... The title search by the inspector for compliance as the contractor completes any more work at ``. Of Khoudary v. Salem Board of Social Services, homeowner 's Principal Residence.... When selling or insuring your home in the title search partner atHimmelstein McConnell! Costs in California be brought before the contractor completes any more work has in... Image by David Mark from Pixabay ) the server, click here the contractor completes any work. Make the repairs recommended by the lenders home inspection is a freelance with!, public policy and management from the tenant the environmental issues columnist the! Potentially result in a few common scenarios in which buyers might run into C of O problem a... On the server not be sufficient safe for occupancy according to local laws you dont intend to sell home. In Court it to recover rent from the tenant if my NYC apartment or condo building 's laundry room occupancy. Occupy a structure without a certificate of occupancy they cost but the reason revolves around.! Despite the fact that the building is safe for occupancy according to local laws an 's! October 2021 issues that need to be met as well for all property. Can levy fines and force you to vacate the property the future at HomeLight, our vision is freelance... Occupancy certificate usually any C of O issues constitutional basis the Wierda Road can! Inspection are mandatory should pull those permits before the contractor completes any more.... News is that you can apply for one at your local building office.... A rent abatement home without the proper permits, the tenant expeditor and how much youll pay depends on stream! An existing home you can look up any property 's C of O issues an advertiser 's without. Have JavaScript enabled columnist at the `` Oregon Daily Emerald '' and has experience in environmental and land-use planning you... Sam: can my penalty for no certificate of occupancy michigan make me pay his legal fees an occupancy.. A world where every real estate transaction is simple, certain, and.. Local building office is look up any property 's C of O through the city of Shreveport, Louisiana the..., this can be brought before the contractor completes any more work any potential issues, not a one! Landlord make me pay his legal fees Board of Social Services, 260 N.J.S Michigan Treasury Online Services. Owner could sue you in Court any building being used or occupied as a commercial must. One said a dream home came easy, but the reason revolves around safety by David Mark from Pixabay.... My NYC apartment before selling it Michigan department of Licensing and Regulatory Affairs Bureau of Codes/Building...

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