[HISTORY: Adopted by the Common Council of the City of Buffalo 11-15-2011, effective 12-1-2011. Amendments
noted where applicable.]
The Common Council of the City of Buffalo hereby finds and declares
that the management and rental of residential properties constitutes
a business, which impacts upon the public health, safety, general
welfare, comfort, peace and prosperity of the people of the City of
Buffalo. The intent of this chapter is to regulate the management
of residential rental properties to protect the public health, safety,
general welfare, comfort, peace and prosperity of the people of the
City of Buffalo by providing for a licensing procedure for property
managers who engage in the management of three or more residential
City properties.
[Amended 12-27-2016]
As used in this chapter, the following terms shall have the
meanings indicated:
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
The engaging on behalf of an owner of residential property
of those activities commonly associated with the operation and rental
of three or more residential rental units, including but not limited
to the advertising or soliciting of apartments or rental units for
rent; tenant review and screening; the collecting and/or oversight
of rental profits; and/or the conducting of and/or arranging for minor
repairs and maintenance of residential properties in the City of Buffalo.
An individual or entity who engages in the property management
of three or more residential rental units in the City of Buffalo for
a fee or salary. The individual must reside in Erie County or the
entity must be based in Erie County. A residential property occupied
by its owner shall not be included in any calculation to determine
property manager status.
For the purposes of this section and only this section the
term "residential" shall refer to a property with any number of dwelling
units and is not limited to one- or two-unit properties. If a dwelling
unit is owner-occupied, that unit will not be included in the calculation
to determine property manager status. For example, if a property has
three dwelling units and one unit is occupied by the owner of the
property, a property manager is not required for the property.
[Amended 12-27-2016]
No person, firm, corporation or entity shall act as a property
manager or engage in property management activities within the meanings
of this chapter for three or more non-owner-occupied, residential
rental units without first obtaining a license from the Commissioner
of Permit and Inspection Services.
A.
Every applicant for a license issued pursuant to this chapter shall
submit the following information:
(1)
The name, address, e-mail address (if applicable) and telephone number
of the individual or entity applying for the license.
[Amended 12-27-2016]
(2)
A description of all properties proposed to be managed by the applicant,
including the street addresses, owners, and number of units.
(3)
Proof of insurance in amounts satisfactory to the Department of Permit
and Inspection Services, if deemed necessary by the Commissioner or
his designee.
(4)
If an applicant will collect rents or negotiate rental of property,
a copy of his New York State real estate broker's license is
required. If an applicant is licensed as "Associate Real Estate Broker"
or "Real Estate Salesperson" a copy of the real estate broker's
license they work under is required. If an applicant is strictly performing
maintenance and no rents are collected or negotiating of rental property
is done, then a broker's license is not required.
[Added 12-27-2016[1]]
[1]
Editor's Note: This ordinance also redesignated former
Subsection A(4) as Subsection A(5).
(5)
Other additional information as required by the City of Buffalo.
[Amended 12-27-2016]
B.
Such information shall be filed and updated annually with the Department
of Permit and Inspection Services.
A.
All applications for licenses and renewals thereof shall be referred
by the Commissioner of Permit and Inspection Services to the Buffalo
Police Department for approval. Upon receipt of said referral, the
Buffalo Police Department shall promptly cause an investigation to
be made into the criminal background and professional fitness of the
applicant and shall promptly report to the Commissioner of Permit
and Inspection Services as to whether or not approval and issuance
of the license is recommended. If approval is not recommended, such
report shall state the reasons therefore.
[Amended 12-27-2016]
B.
All applications for licenses and renewals shall also be forwarded
to the Assistant Corporation Counsel acting as Housing Court Prosecutor
within the City of Buffalo Law Department for review and comment.
Said Housing Court Prosecutor shall have 14 days to review and comment
upon the application after his or her receipt thereof, based on his
or her familiarity with the applicant from past cases he or she may
have been involved in.
[Amended 12-27-2016]
C.
All new applications for a property manager license shall be referred
to the Common Council for approval.
[Amended 12-27-2016]
A.
If a property manager collects rents or negotiates the rental of
property, a real estate broker, associate real estate broker or real
estate salesperson license as issued by the New York State Department
of State pursuant to Article 12-A of the New York State Real Property
Law is required. As per Article 12-A of the New York State Real Property
Law, a property manager or property management company who negotiates
the rental of property or collects rents is required to be licensed
as a real estate broker, associate real estate broker or real estate
salesperson in the State of New York.
B.
Upon approval of the license, a property manager must contact tenants
in all dwelling units managed by the property manager and provide
them with contact information as the property manager or property
management company. This must be completed within 30 days of approval.
C.
If, subsequent to receiving a property management license, a property
manager acquires additional properties in the City of Buffalo, he
shall notify the Department of Permit and Inspection Services, in
writing, of the additional properties he now manages. Said notification
must occur within 45 days of acquiring the additional properties.
D.
If a property manager is found by the City to be in violation of
this chapter, or any section of the City Code pertaining to his duties
as a property manager, the Common Council shall have the authority
to summon him to appear before it for review of his license.
E.
The City of Buffalo may impose additional conditions upon any license
issued pursuant to this chapter.
[Amended 12-27-2016]
All licenses issued pursuant to this chapter shall expire annually
on the 30th day of November. Each new applicant for re-issuance or
renewal shall be required to submit a new application in accordance
with the requirements set forth in this chapter.
The City of Buffalo, its departments, and agents may inspect
any property managed by a licensee at any reasonable hour.
[Amended 12-27-2016]
A license issued pursuant to this chapter may be revoked or
suspended for cause by the Commissioner of Permit and Inspection Services
after notice and a hearing. Any violation of or failure to comply
with any of the laws or ordinances applicable to the management of
residential properties shall be cause for revocation or suspension.
The Commissioner may consider such factors, including, but not limited
to, the property manager's conduct during the license period,
including relevant criminal or housing court actions and dispositions,
the nature and disposition of any notices of violation from the Bureau
of Administrative Adjudication issued for conduct at any of the properties
included on said license, the nature and frequency of complaints about
the properties generated from, among other sources, Police Department
incident reports, 911 calls, 311 reports, property inspection reports
and other verifiable information reported to the City.
Licenses issued hereunder are not transferable.
The fees for licenses issued pursuant to this chapter shall be as provided in Chapter 175, Fees. Any individual or entity possessing proof of a valid "Real Estate Broker," "Associate Real Estate Broker" or "Real Estate Salesperson" license as issued by the New York State Department of State pursuant to Article 12-A of the New York State Real Property Law shall be exempt from having to pay the fee provided for in Chapter 175 upon the presentation of said license to the Commissioner of Permit and Inspection Services.
The provisions of this chapter are severable. If any court of
competent jurisdiction decides that any section, clause, sentence,
part, or provision of this chapter is illegal, invalid, or unconstitutional,
such decision shall not affect, impair, or invalidate any of the remaining
sections, clauses, sentences, parts, or provisions of the chapter.
