New York ties certificates of occupancy for older rentals in 25 communities to lead safety filing
From October 1, 2026, code officials in 25 upstate and suburban communities must find a lead safety certification on file before issuing inspection-based certificates for pre-1980 rental buildings with two or more units.
Owners and buyers of older rental buildings in Buffalo, Rochester, Syracuse, Yonkers and 21 other communities now need a lead filing in place before the local code enforcement office can issue certain certificates for the building. Since October 1, 2026, under an emergency rule of the Department of State amending N.Y. Comp. Codes R. & Regs. tit. 19, § 1203.3(h)(2), I.D. No. DOS-33-26-00001-E (N.Y. State Register Aug. 19, 2026), a local code enforcement office inspecting a pre-1980 building with two or more units in a designated “community of concern” must, where that fire safety and property maintenance inspection is required for a certificate of occupancy or certificate of compliance, have a lead safety certification on file in the State Rental Registry before it issues the certificate.
N.Y. Comp. Codes R. & Regs. tit. 19, § 1203.3(h)(2), I.D. No. DOS-33-26-00001-E (N.Y. State Register Aug. 19, 2026); N.Y. Pub. Health Law § 1377; N.Y. Comp. Codes R. & Regs. tit. 10, §§ 67-5.4 to 67-5.6