Cal. Civ. Code § 235-BB
Certificates of occupancy; required disclosure to tenant
Operative Text
§ 235-bb. Certificates of occupancy; required disclosure to tenant. 1. Prior to executing a residential lease or rental agreement with a tenant, the owner of real property consisting of three or fewer rental units shall provide conspicuous notice in bold face type as to whether a certificate of occupancy, if such certificate is required by law, is currently valid for the dwelling unit subject to the lease or rental agreement. Owners who provide the tenant with an actual copy of the valid certificate of occupancy shall be deemed to have complied with the requirements of this subdivision. 2. Any agreement by a lessee or tenant of premises for dwelling purposes waiving or modifying his or her rights as set forth in this section shall be void as contrary to public policy.
Under N.Y. Real Prop. Law § 235-BB, owners of small residential properties with three or fewer rental units must disclose, before a lease is signed, whether a certificate of occupancy (CO) — if one is legally required — is currently valid for the unit being rented. This disclosure must appear in bold, conspicuous type, though handing the tenant an actual copy of a valid CO also satisfies the requirement. Any lease clause that attempts to waive or strip away a tenant's rights under this section is automatically void as a matter of public policy.
Plain English — not legal advice.
Owners of properties with three or fewer rental units should ensure that, before executing any residential lease, they include a bold, conspicuous statement addressing the current validity of the certificate of occupancy for the unit, as required by N.Y. Real Prop. Law § 235-BB. Providing the prospective tenant with an actual copy of a valid CO is an alternative way to satisfy this disclosure obligation. Operators generally keep CO documentation current and accessible so that pre-lease disclosures can be made accurately and in a timely manner.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Law § 235-BB gives tenants in small rental buildings the right to know — before signing a lease — whether the unit they are renting has a currently valid certificate of occupancy, where one is legally required. Because any lease provision purporting to waive these rights is void, a tenant cannot be contractually bound to give up this protection. Tenants who believe this disclosure was not made may consider raising the violation with a local housing or building department, consulting a tenant-rights organization, or exploring whether the omission is relevant to any existing dispute.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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