Certificate of Occupancy, Buffalo, NY

[Peter Cook]

Hi;

I'm planing to buy a rental property in Buffalo, NY. I was shown a "standard" contract of sale, that contains a clause stating that the seller would not be required to provide a Certificate of Occupancy (CoO) if the property is a single family or a multiple family unit. Few people from the area told me that it is a standard practice not to require CoO on sale/purchase. My understanding of the town building code is that a CoO is required, and my understanding of the law in general is that CoO is a must for a rental property. I would appreciate if people with experience regarding rentals in Buffalo and surrounding area specifically (Tonawanda, Amherst) would share their understanding of the town code, sale/purchase practices and legal requirement in respect to a Certificate of Occupancy... Thanks!

Further, would the permits and CoO be listed on the paperwork that can be obtained in the Town's Building Department in Buffalo, or Tonawanda, or Amherst? Thanks again.

[Denice S.]

Hi Peter,

That is correct information. In the city of Buffalo, single family and 2-family homes are not part of the CoO process. In lieu of the CoO, all non-owner occupants must register the property as a rental. The rental registry program fee is $10 annually for sf and $20 for 2-family and is billed every January.

While there is no formal inspection process in the rental registry program, the city will inspect if you don’t register or if they receive complaints about the property. Here is a link for more info regarding the rental registry . The PDF in this link explains exactly how the rental registration program operates.

If you are buying a sf or 2 family house that is currently a rental, you might ask the seller if they have it registered in the rental program. If so, they should be able to produce a receipt. If they don’t have the property registered, I would register the property immediately upon closing. If the seller lives in the property, the property would not be registered.

3 or more units require the CoO and they are inspected and issued every 3 years.

Hope this helps. I live in Buffalo and have multiple rentals in the city and surrounding areas, and I’m a licensed Realtor.

Denice