Phoenix — Ch. 22 Art. VI Property Maintenance § 22-426.2
Certificate of occupancy required
Operative Text
Except as otherwise provided in this chapter, whenever there is a proposed change in ownership, including contract sales, or possession of any commercial building or residential building or dwelling or premises or part thereof, the new owners shall not occupy the premises unless a certificate of occupancy has been issued by the enforcement authority, dated not earlier than 15 days prior to the change of ownership or possession. It shall be the duty of the owner to obtain the certificate of occupancy prior to the change in ownership or possession.
Under Phoenix Ch. 22 Art. VI § 22-426.2, a valid certificate of occupancy must be in place before any change in ownership or possession of a commercial or residential building or dwelling takes effect. The certificate must be issued by the enforcement authority no more than 15 days before the ownership or possession change occurs. New owners or occupants may not move into or take over the premises until this certificate has been obtained.
Plain English — not legal advice.
Under § 22-426.2, the responsibility for securing a certificate of occupancy before any sale, contract sale, or transfer of possession falls squarely on the owner. Compliant operators typically initiate the inspection and application process well in advance of a closing or handover date, ensuring the certificate is issued within the 15-day window preceding the transfer. Keeping documentation of the issued certificate on file helps demonstrate compliance if questions arise during or after the transaction.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 22-426.2 establishes that a premises must have a current certificate of occupancy—issued no more than 15 days before the change of ownership or possession—before new occupants may lawfully take possession. If a tenant believes a landlord failed to obtain this certificate prior to a transfer, that concern can generally be raised with Phoenix's enforcement authority or a local tenant-rights organization. Tenants may also wish to request documentation of the certificate as part of any move-in process to confirm the requirement under § 22-426.2 has been met.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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