Phoenix — Ch. 22 Art. VI Property Maintenance § 22-426.5
Non-liability of village
Operative Text
A certificate of occupancy indicates that so far as can be reasonably determined by a visual inspection of the premises and a review of village records and chapters, the premises meet the requirements of the codes. Neither the Village of Phoenix nor the enforcement authority assumes any liability in the inspection or the issuance of a certificate of occupancy and by the issuance of a certificate of occupancy does not guarantee or warrant the condition of the premises inspected.
Under Phoenix Ch. 22 Art. VI § 22-426.5, a certificate of occupancy (CO) is a limited administrative finding — it reflects only what could be observed through a visual inspection and a review of village records at the time of issuance. The provision explicitly states that neither the Village of Phoenix nor its enforcement authority accepts legal liability arising from the inspection process or the CO itself. Importantly, the CO is not a guarantee or warranty that the property is free of defects or fully code-compliant beyond what was visually apparent.
Plain English — not legal advice.
Property owners and managers should understand that under § 22-426.5, receiving a certificate of occupancy does not shield them from responsibility for code violations or property defects that were not visible during the inspection. Compliant operators typically conduct their own thorough assessments of a property's condition independent of the CO process, and they do not rely on the CO as a substitute for ongoing maintenance obligations. Maintaining records of inspections, repairs, and code-compliance efforts remains a standard practice regardless of CO status.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 22-426.5 makes clear that a certificate of occupancy for a rental unit is not a guarantee that the property is in safe or habitable condition — it only reflects what was visible during a limited inspection at a point in time. Tenants who discover conditions they believe violate housing or property maintenance codes may have avenues such as filing a complaint with the local code enforcement authority or raising habitability concerns through other channels. Tenant-rights organizations can help residents understand what options may be available when a property's actual condition does not match expectations set by a CO.
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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