The Common Council of the City of Buffalo hereby finds and declares that the rental of dwelling units constitutes a business which impacts upon the public health, safety and general welfare of the people of the City of Buffalo. The intent of this chapter is to regulate the offering for rental of dwelling units to protect the public health, safety and general welfare of the people of the City of Buffalo and to further achieve the following beneficial purposes:
A. The protection of the character and stability of residential areas;
B. The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings;
C. The enforcement of minimum standards for heating, plumbing and other sanitary equipment necessary for health and safety;
D. The enforcement of minimum standards for light and ventilation necessary for health and safety;
E. The enforcement of minimum standards for the maintenance of existing residential buildings and the prevention of slum and blight conditions;
F. The preservation of the value of land and buildings throughout the City.
As used in this chapter, the following terms shall have the meanings indicated:
DWELLING UNIT A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a domicile or residence of one or more human beings.
HOUSING CODE All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards.
OWNER The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent.
Upon completion
of an inspection
of a building and dwelling units therein, if the Commissioner finds noncompliance with the housing code, the Commissioner shall issue a notice
of violation in accordance with §
264-15 of this chapter for the correction
of any violations
of the housing code. Upon reinspection, if the Commissioner finds noncompliance with the notice
of violation the Commissioner shall deny a
certificate or revoke any issued
certificate in accordance with the procedure set forth in §
264-10 of this chapter. The Commissioner shall issue a written statement setting forth the reasons for the denial or revocation.
A rental dwelling unit registration issued pursuant to this chapter shall expire one year after the date
of its issuance, unless sooner revoked pursuant to §
264-10. Within 60 days prior to the expiration
of a rental dwelling unit registration
certificate, the owner shall make written application for a rental dwelling unit registration
certificate in accordance with §
264-4 of this chapter. In no event shall a
certificate be issued pursuant to this chapter remain in effect more than one year after the date
of its issuance unless further extended by the Commissioner for sufficient cause.
A rental dwelling unit registration issued pursuant to this chapter is transferable to any person who has acquired ownership of a registered building for the unexpired portion of the one-year term for which it was issued, provided that an application to transfer such certificate is filed with the Commissioner within 30 days of title transfer and the dwelling units therein are in compliance with the housing code.
Every holder of a rental dwelling unit registration certificate shall:
A. Conspicuously post the certificate in a protected mounting in the public corridor, hallway or lobby of the building for which the certificate was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. In the alternative to such posting, the license shall be produced by the owner at the request of a tenant, a prospective tenant or upon demand of the Commissioner.
B. Conform with all other applicable state, county and City laws and ordinances on matters not specifically addressed in this chapter.
C. The rental agreement or lease for a dwelling unit regulated under this chapter must include a disclosure
of the smoking policy for the premises on which the dwelling is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.
[Added 2-16-2010, effective 3-1-2010]
[Amended 4-22-2005, effective 4-25-2005]
A. Any violation
of this chapter by a person, firm, corporation or other entity shall be a violation punishable in accordance with the general penalty provisions under Buffalo Code §
1-15, with said penalties to be in addition to the revocation
of a rental dwelling unit registration
certificate issued under the provisions
of this chapter. In addition, the annual registration fee will double 30 days after the due date has passed and a second invoice for payment has been sent first-class mail to the owner. In addition, a summons will be issued 60 days after the due date has passed and a fine in the amount
of $75.00 will be imposed in addition to all outstanding registration fees and late charges. Furthermore, a notice to vacate may be issued and all tenants removed for failure to register a dwelling unit 30 days after the due date has passed and after notice to the owner and occupants by the Commissioner.
B. Notwithstanding the lack of a specific reference thereto, failure to comply with any section, provision or requirement in this chapter shall be a violation and shall be punishable by a fine or penalty of not more than $1,500 or by imprisonment for not more than 15 days, or by both such fine and imprisonment, for each such offense and any other applicable state statutes. This chapter is a part of the City health, safety, housing, building, fire prevention and housing codes, and a violation thereof shall be deemed to be a violation for purposes of state statutes allowing escrow of rent to remedy violations. Any charges involving violations of this chapter may be brought before the Housing Part in Buffalo City Court.
C. Lead-based paint violations are subject to fines pursuant to §
137-7, Schedule
of fines and penalties. In addition, upon a finding
of existing lead-based paint violations by the Department
of Permit and Inspection Services, the owner
of the affected property must remediate said violation. Remediation is complete when a licensed lead inspector provides a letter
of compliance for said property, or when a licensed lead risk assessor provides a one-year-letter
of interim control for the property. Letters
of interim control are valid for one year and may be renewed only once. In addition, the Commissioner
of the Department
of Permit and Inspection Services, or his designee, may determine that a lead-based paint violation is in compliance. The Department
of Permit and Inspection Services may result in the revocation
of the property's rental registration
certificate.
[Added 10-18-2016]
[Amended 12-23-2008, effective 1-2-2009]
A. Upon the rental dwelling unit being registered, the owner of the rental dwelling unit consents to the inspection of the dwelling unit by the Commissioner or his designated representative. The Commissioner, or his designated representative, may make an inspection of the rental dwelling unit to determine whether or not such rental dwelling unit is in substantial compliance with this chapter and the New York State Uniform Fire Prevention and Building Code. At the conclusion of said inspection, the Commissioner, or his designated representative, shall provide the owner, or the owner’s representative, at the inspection with a copy of the results of the inspection.
(1) For properties constructed prior to 1978, the owner
of the rental dwelling unit consents to the inspection
of the dwelling unit by the Commissioner or his designated representative for lead violations or hazards. Upon testing
of paint in the property, any owner found to have a property with existing lead-based paint violations must remediate the violation according to provisions set forth in this chapter. Where violations or hazard are present, the rental dwelling unit registration
certificate applicant must submit proof
of completion
of a local EPA Accredited Renovation, Repair and Painting Training Program in the time allotted by the Department
of Permit and Inspection Services.
[Added 10-18-2016]
B. If the results
of the inspection conducted pursuant to §
264-14A above demonstrate that the dwelling unit is in substantial compliance with this chapter and the New York State Uniform Fire Prevention and Building Code, the owner
of the dwelling unit shall be entitled to retain his or her rental dwelling unit registration
certificate.
If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.
The Commissioner is authorized to promulgate regulations consistent with the provisions of this chapter in order to carry out the objectives of this legislation.
The provisions of this chapter are not exclusive and are in addition to and do not supersede or preempt other remedies or provisions of the City, state, or federal laws and housing codes as may apply.
[Amended 4-22-2005, effective 4-25-2005; 6-14-2005, effective 6-24-2005]
A. Certificate issuance. The fee, to be submitted at the time of application, for the issuance of a rental dwelling unit registration certificate and the first year fee shall be $20 for a rental dwelling unit in a single-family dwelling and $40 for a two-unit rental dwelling.
B. Annual renewal fee. The owner
of a rental dwelling unit shall pay an annual renewal fee
of $25 for a single-unit rental dwelling and $50 for a two-unit rental dwelling, commencing on January 1, 2018, and payable each year thereafter. The owner remains obligated to pay such fee during ownership
of the rental dwelling unit and shall pay any delinquencies therein before transferring all or any part
of the ownership
of said unit. Notwithstanding the foregoing, a new owner making application for a
certificate is obligated, and shall be required, to pay all such current and delinquent annual fees with the application. All funds generated from this chapter shall be placed in a designated T&A account starting in the 2006-2007 fiscal year. The use
of these funds shall be, among other things, for the hiring
of an additional staff person and/or necessary equipment for the Rental Dwelling Unit Registration Program in the Department
of Permit and Inspection Services.
[Amended 2-5-2018, effective 2-5-2018]
C. No fee for new buildings. There shall be no fee charged for the issuance of a rental dwelling unit registration certificate for new dwellings at the completion of their construction covered by a building permit.
D. Inspection fees. Every property owner shall pay a fee of $75, to be assessed against the property, for each inspection after the second inspection in which violations of a state or local building code are found, unless such fee is waived by the Bureau of Administrative Adjudication. Inspectors shall assess the fee, after consultation with the Chief Building Inspector or the Commissioner of Inspections, Licenses and Permits, when, in the evaluation of the inspector, the status of the violation has not progressed or been satisfactorily completed. The fee shall not be applicable to inspections ordered after the commencement of a court action.