News & Issues: Policy Statements

Use and Occupancy Ordinances

REALTORS® support the development and enforcement of reasonable use and occupancy criteria for all types of real property. However, in general, REALTORS® believe that use and occupancy requirements enforced solely at the point of sale do little to promote health, safety and welfare of all citizens. Ideally, if inspections are to be required for occupancy of a home, business or rental unit, they should be conducted on a regular basis for all properties - not only at the point of sale. Further, occupancy criteria should be standardized and limited to true health and safety issues.

Enforcement of Use and Occupancy Ordinances: Preventing the sale or transfer of ownership because Use and Occupancy violations were not corrected prior to the sale or transfer of ownership violates P.L. 724-99 (Municipal Code and Ordinance Compliance Act), section 3, subsection (e), unless the substantial violation renders the property unfit for habitation.

This section states in relevant part:

...a municipality shall not refuse to issue a use and occupancy certificate or similar permit on the basis of a substantial violation or require the correction of a substantial violation as a condition to issuing a use and occupancy certificate or similar permit, unless the substantial violation renders the property unfit for habitation.