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A Certificate of Occupancy is required for all rental properties-before a tenant can move in-to ensure the premises are up to code. It is the landlord's responsibility to have a CO each time a tenant changes.
A landlord who does not have one will not only be fined but is at risk of losing the unpaid rent of renters who move out without paying. If the property is rented without a viable certificate of occupancy, the renter's contract is illegal. Consequently, in Khoudary v. Salem Board of Social Services, 260 N.J.S.
Certificates of occupancy are not required in New Jersey for all sales. A ?temporary certificate of occupancy? may be granted for a set time period to accomplish necessary repairs. A ?certificate of transfer title? is sometimes used to transfer ownership where a property fails the municipal inspection.
The Uniform Construction Code (UCC) requires code officials to issue a Temporary Certificate of Occupancy (TCO) when all utilities are in place, and the building, or specified portions of a building, can be occupied without endangering the health and safety of the occupants (N.J.A.C. -2.23).
A Certificate of Occupancy (CO) is a document issued by a buildings department of the town (or city) where a building is located. It state's a building's legal use and/or type of permitted occupancy.