Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-28

Transfer of ownership

In Force
Verified 11/7/2026 · Next check 12/7/2026
CanandaiguaInspections, Registration & Licensing

Operative Text

Canandaigua, N.Y., Code of Ordinances ch. 748 § 748-28
A. No owner of any dwelling, dwelling unit, rooming house, rooming unit, or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose thereof such property to another until compliance of the provisions of such notice or order has been secured or until such owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, prior to such sale, transfer, grant, mortgage or lease, a true copy of such notice or order and at the same time give adequate notification to the head of the Code Enforcement Agency of his intent to sell, transfer, grant, mortgage or lease and supply the name and address of such person, persons or firm to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this chapter shall be bound hereby. Violation of this chapter shall not affect the marketability of title of the violating premises. B. No owner of any two-family dwelling, mixed-occupancy dwelling, multiple dwelling, or rooming house shall sell, transfer, grant, or otherwise dispose thereof, to another, unless a certificate of occupancy, pursuant to Article I , Administration and Enforcement, of Chapter 714 , Construction Codes, Uniform, of the Code of the City of Canandaigua has been obtained from the Code Enforcement Officer. The Code Enforcement Officer shall waive the requirement of a certificate of occupancy when title is transferred 1) by a deed in lieu of foreclosure, or by a court appointed referee, 2) by a Trustee in bankruptcy, 3) by an assignment for benefit of creditors, 4) by the Ontario County Sheriff, pursuant to a judicial sale, 5) by the City Clerk/Treasurer as a result of a tax foreclosure, 6) between husband and wife, 7) to a person who had immediate previous legal ownership in whole or in part, pursuant to the formation, reorganization, or dissolution of a partnership, a corporation, or other form of joint ownership, 8) by a corporation to its shareholders, 9) or by a person who retains life use and/or interest in the property. A new certificate of occupancy shall not be required under this section when a property owner retains title to the property and records a new mortgage due to refinancing of the property. The owner requesting a certificate of occupancy shall give the Code Enforcement Officer sufficient notice to allow the inspection of the property to take place not less than 14 days, nor more than 45 days prior to the transfer of the property. C. Before issuing a certificate of occupancy pursuant to this section, the Code Enforcement Officer shall secure a rental property information form, completed and signed by the property owner, which includes such information as: number of dwelling units, number of residents in each dwelling unit, number of sleeping rooms in each dwelling unit, number of families living in each dwelling unit, and such other similar information as may be reasonably necessary or useful to accomplish the objectives of this chapter.
Source: Legislative text reproduced verbatim
Plain English

Section 748-28 of Canandaigua's Code of Ordinances governs what must happen before certain residential properties change hands. When a property has an outstanding code-enforcement notice or order, the owner must either bring the property into compliance or disclose the notice to the incoming party and notify the Code Enforcement Agency before any sale, transfer, mortgage, or lease can proceed. For two-family, mixed-occupancy, multiple dwellings, and rooming houses, a certificate of occupancy is generally required before transfer, with limited exceptions such as foreclosure-related transfers, bankruptcy, or transfers between spouses; the owner must give the Code Enforcement Officer between 14 and 45 days' notice before the transfer to allow an inspection.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Operators subject to § 748-28 generally ensure that any outstanding notices or orders issued under Chapter 748 are resolved—or fully disclosed to the incoming party with simultaneous written notice to the Code Enforcement Agency—before completing any sale, transfer, mortgage, or lease. For two-family, mixed-occupancy, multiple dwellings, and rooming houses, compliant owners obtain a certificate of occupancy from the Code Enforcement Officer and schedule the required inspection within the 14-to-45-day window before closing. As part of the certificate-of-occupancy process under § 748-28(C), owners complete and sign a rental property information form detailing unit count, occupancy, sleeping rooms, and family composition.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 748-28 creates disclosure and compliance obligations that can directly affect tenants' knowledge of a property's legal standing at the time of a lease or transfer. If a tenant is informed of an existing code-enforcement notice or order before signing a lease, that tenant is legally bound by the notice under § 748-28(A), meaning the obligations it imposes carry over. Tenants who believe a transfer or lease occurred without the required disclosures or certificate of occupancy may wish to contact the Canandaigua Code Enforcement Agency, review records of any outstanding orders, or reach out to a local tenant-rights organization to understand available options.

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 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

Rules and statutes cited by this regulation

Canandaigua Code ch. 714
Not yet ingested

References In

Rules and statutes that cite this regulation

Canandaigua Code § 748-14
Canandaigua Code § 748-3
Canandaigua Code § 748-29
Canandaigua Code § 748-14
Canandaigua Code § 748-30
Canandaigua Code § 748-20
Canandaigua Code § 748-14
Canandaigua Code § 748-29
Canandaigua Code § 748-31
Canandaigua Code § 748-32
Canandaigua Code § 748-14
Canandaigua Code § 748-37
Canandaigua Code § 748-35
Canandaigua Code § 748-14
Canandaigua Code § 748-14
Canandaigua Code § 748-37
Canandaigua Code § 748-39
Canandaigua Code § 748-6

Related Rules

§ 14.544
LICENSE REQUIREMENTS
§ 14.545
STANDARDS FOR HEALTH, SAFETY AND NUISANCE PREVENTION
§ 14.546
SANCTIONS AND PENALTIES

Source Information

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