Buffalo Landlord Rules That Sit on Top of New York Law
Buffalo landlords must navigate both state and local laws to ensure compliance. This guide outlines the key ordinances that supplement New York state law, covering eviction notices, nuisance laws, registration requirements, and more.
Permitting, Zoning, or Statutory Basis
Eviction Notices
Under New York state law, landlords must provide tenants with a formal eviction notice before filing for an eviction in court. However, Buffalo has its own specific requirements.
Buffalo Eviction Notice Requirements:
- Landlords must provide tenants with a 7-day notice to vacate before filing for eviction in court. This notice must be in writing and include a statement of the reason for eviction (e.g., non-payment, violation of lease terms). If the tenant does not vacate within 7 days, the landlord can file an eviction lawsuit.
Statutory Reference:
Nuisance Laws
Buffalo’s local laws provide additional protections for tenants against nuisances.
Buffalo Nuisance Ordinance:
- Buffalo’s nuisance law, found in City of Buffalo Zoning Law § 12.40, allows landlords to address issues such as structural defects, pest infestations, and other conditions that significantly affect the health or safety of tenants. Landlords must provide tenants with a written notice and a reasonable timeframe to remedy the issue before filing for an eviction.
Rental Registration
Buffalo requires landlords to register their rental properties with the city.
Rental Registration Requirements:
- Landlords must complete and submit a rental registration form to the City of Buffalo’s Housing Authority within 30 days of renting out their property. The form can be found on the City of Buffalo Housing Authority website.
Lease Clauses, Notice Periods, and Timing Requirements
Lease Clauses
Buffalo landlords must include certain clauses in their leases to ensure compliance with state and local laws.
Required Lease Clauses:
- Landlords must include a clause that allows for eviction in case of non-payment or violation of lease terms.
- Landlords must also include a clause that allows for the collection of security deposits and any interest earned on them.
Statutory Reference:
Notice Periods
Buffalo landlords must provide tenants with specific notice periods before taking certain actions.
Notice Period Requirements:
- Landlords must provide tenants with a 7-day notice to vacate before filing for eviction in court.
- Landlords must provide tenants with a written notice and a reasonable timeframe to remedy issues such as structural defects or pest infestations before filing for an eviction.
Statutory Reference:
Defensible Record-Keeping & Compliance Checklist
To ensure compliance with both state and local laws, landlords must maintain defensible records of all transactions and communications.
Defensible Record-Keeping Requirements:
- Landlords must keep a copy of all lease agreements, eviction notices, and other important documents.
- Landlords must maintain records of all rent payments, including any partial payments or interest earned on security deposits.
- Landlords must keep a copy of all rental registration forms and any other documentation required by the City of Buffalo.
Compliance Checklist:
- Maintain a copy of all lease agreements and eviction notices.
- Keep records of all rent payments, including any partial payments or interest earned on security deposits.
- Maintain a copy of all rental registration forms and any other documentation required by the City of Buffalo.
By following these guidelines, landlords can ensure compliance with both state and local laws in Buffalo.