Posen CHAPTER 17 RENTAL STRUCTURES AND UNITS § 6-17-5
NEW OWNER OR LESSEE
Operative Text
Nothing herein shall prohibit the sale or lease of real estate to a new owner or new lessee even if no certificate of registration nor a certificate of housing inspection has been obtained, or even if either or both of such certificates show deficiencies thereon.
Section 6-17-5 of Posen's Chapter 17 clarifies that the absence of a certificate of registration or a certificate of housing inspection — or the presence of deficiencies noted on either certificate — does not legally block a property from being sold or leased to a new owner or tenant. The rule carves out an explicit exception to the registration and inspection requirements for real estate transactions. In other words, a transfer of ownership or a new lease can proceed even when these certificates are missing or show outstanding issues.
Plain English — not legal advice.
Under § 6-17-5, property owners and managers in Posen should understand that a sale or lease to a new party is not automatically invalidated by the lack of a certificate of registration or housing inspection certificate, or by deficiencies shown on those documents. Compliant operators typically still work toward obtaining and maintaining current certificates as part of their broader obligations under Chapter 17, since this provision only addresses the permissibility of the transaction itself. Keeping records of any outstanding deficiencies and addressing them in a timely manner reflects standard practice under the broader rental-structure framework.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 6-17-5 makes clear that a landlord's failure to hold a valid certificate of registration or housing inspection certificate — or the existence of deficiencies on those certificates — does not on its own prevent a new lease from being entered into. As a tenant, it is worth knowing that this provision does not eliminate a landlord's underlying obligations to meet housing standards under Chapter 17; it only addresses whether the transaction itself can occur. Tenants who discover deficiencies in a rental unit may wish to consult a tenant-rights organization or local housing authority to understand what remedies or complaint processes may be available to them.
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 11, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.