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:
DWELLING UNIT
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
PROPERTY MANAGEMENT
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.
PROPERTY MANAGER
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.
RESIDENTIAL
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.
[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.
Any individual or entity engaging in activity in violation of this chapter shall be subjected to the penalties provided in §
1-15 and Chapter
137 of the City of Buffalo Charter and Code.
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.