Jamestown, N.Y., Code of Ordinances ch. 216 § 216-13
Residential certificates of occupancy
Operative Text
When required: A. No person shall permit the occupancy of a one-family rental dwelling, a building containing two or more dwelling units, or a mixed-occupancy building containing one or more dwelling units unless a valid certificate of occupancy is in effect for said building. If such a building is occupied in violation of this section, a ticket may be served on the owner of the building. The violation shall be considered a high-level violation for which the penalties set forth in § 215-68 of the Municipal Code shall apply. B. In addition to the requirements of Chapter 216 of the City Code, a certificate of occupancy or a conditional certificate of occupancy must be obtained within 60 days prior to the occurrence of any of the following: (1) The transfer of title to a new owner of any two-family dwelling unless a certificate of occupancy has been issued within two years of the transfer date. (2) The re-occupancy of a dwelling which has been entirely vacant for more than two months, unless a certificate of occupancy has been issued within a year of the re-occupancy. (3) A change of occupancy or use that would bring a dwelling under a different or additional classification of this chapter, the Building Code, Zoning Code, Fire Prevention Code or other provisions of the City Code. (4) The expiration or termination of a valid certificate of occupancy for a subject dwelling. (5) A change of occupancy whereby a one-family dwelling or a two-family dwelling is no longer occupied by the owner, or a spouse, child, parent or sibling of the owner. For one-family dwellings or two-family dwellings that are not occupied by an owner, or a spouse, child, parent or sibling of the owner, a certificate of occupancy or a conditional certificate of occupancy shall be obtained immediately, but in no event later than 60 days after notice is sent by the City by regular first-class mail to the owner, at the owner's address on file with the City.
Section 216-13 of Jamestown's Code of Ordinances prohibits anyone from allowing a one-family rental, multi-unit building, or mixed-use building with dwelling units to be occupied without a valid certificate of occupancy. Beyond this baseline requirement, a new or updated certificate must be obtained within 60 days before certain triggering events—such as a title transfer, a property sitting vacant for more than two months, a change in use or classification, expiration of an existing certificate, or a shift from owner-occupied to non-owner-occupied status. Violations are classified as high-level, subjecting building owners to the penalties outlined in § 215-68 of the Municipal Code.
Plain English — not legal advice.
Under § 216-13, compliant property owners in Jamestown maintain a valid certificate of occupancy at all times and monitor for triggering events—such as a pending sale, extended vacancy, change in use, or a shift away from owner-occupancy—that require a new or updated certificate within 60 days. Owners of one- or two-family dwellings that transition from owner-occupied to non-owner-occupied status must act promptly, as the City may send notice by first-class mail and the 60-day clock begins upon mailing. Because violations are classified as high-level under § 215-68, keeping certificate status current is a core compliance priority.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 216-13 establishes that tenants have a right to occupy a dwelling only when a valid certificate of occupancy is in effect, meaning a landlord who rents without one may be in violation of Jamestown's Municipal Code. Tenants who believe their building lacks a valid certificate can report the concern to the City of Jamestown's code enforcement office, which has authority to issue tickets to the building owner. Tenant-rights organizations or legal aid services can help residents understand how a § 216-13 violation might be relevant to their housing situation.
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.
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