Eviction Laws in Buffalo, New York
Buffalo is the county seat of Erie County and New York State’s second-largest city, with a population of approximately 277,000. Located on the eastern shore of Lake Erie at the head of the Niagara River, Buffalo has experienced a striking economic resurgence — Zillow named it the hottest housing market in the country in 2025, a designation that would have been unthinkable a decade ago. The city’s demographics are approximately 44 percent White, 32 percent Black, 9 percent Asian, and 12 percent Hispanic. The median household income is approximately $50,000 and the poverty rate is about 26 percent — significantly higher than the statewide average, which reflects the city’s mix of revitalized neighborhoods and areas that continue to face economic challenges. Major employers include Kaleida Health, Catholic Health, the University at Buffalo, and M&T Bank. The University at Buffalo enrolls approximately 32,000 students across its North Campus in Amherst and South Campus in University Heights, and the city is also home to Buffalo State University, Canisius University, D’Youville University, and Medaille University. Approximately 57 percent of Buffalo’s housing units are renter-occupied, one of the highest rates for any major city in the state outside of New York City.
New York eviction law — the Real Property Actions and Proceedings Law (RPAPL) Article 7 — requires landlords to serve a written notice before filing suit. For nonpayment of rent, a 14-day written rent demand is required under RPAPL § 711(2), specifying the exact amount owed and the time period covered. For lease violations, a 10-day notice to cure is required under RPAPL § 753(4). Month-to-month tenancies require 30 days’ notice if the tenancy is under one year, 60 days if between one and two years, and 90 days if the tenancy exceeds two years (RPL § 232-b as amended by HSTPA 2019). Once the notice period expires without compliance, the landlord files a summary proceeding (nonpayment or holdover petition) with the court. A critical protection added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA): tenants may cure a nonpayment at any time until the marshal or sheriff physically executes the warrant of eviction — payment of all rent and fees owed stops the eviction entirely. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768.
As of August 18, 2024, all landlords statewide must include the Good Cause Eviction Law notice (RPL § 231-c) on every lease, every rent demand, every petition, and every notice — even for units that are exempt from the substantive Good Cause protections. Failure to include this notice can result in dismissal of the proceeding. This is a notice requirement, not a substantive protection in Buffalo — the city has not opted into the Good Cause Eviction Law as of May 2026.
Buffalo & Erie County — Local Rules That Affect Landlords
No rent control or rent stabilization. Buffalo has not adopted the Emergency Tenant Protection Act (ETPA), and no local rent control ordinance exists. Landlords may increase rent by any amount between lease terms with proper 30/60/90-day notice.
Good Cause Eviction — Not Opted In. As of May 2026, the City of Buffalo has not adopted the Good Cause Eviction Law locally. Cities like Albany, Rochester, Ithaca, Kingston, Poughkeepsie, Beacon, and Newburgh have opted in, but Buffalo has not. The statewide RPL § 231-c notice requirement still applies — you must include the Good Cause notice on all leases and eviction documents even though the substantive protections do not apply. Landlords should monitor this issue closely, as local adoption could happen through a Common Council vote at any time.
Rental Registration Program (City Code Chapter 264). All non-owner-occupied single and two-family rental dwellings must register annually with the Department of Permit and Inspection Services. As of January 2025, the fees are $100 for a new registration application, then $50 per year for single-unit dwellings or $100 per year for two-unit dwellings. Registration bills are mailed in February and due within 30 days. The registration certificate must be conspicuously posted in a common area or produced on demand. Every lease must include a disclosure of the smoking policy for the premises.
Property Manager Licensing (City Code Chapter 265). Owners with three or more rental units within the City of Buffalo must either retain a licensed property manager or apply to become licensed themselves. This applies to total units across all properties — a landlord who owns a triplex in North Buffalo and a duplex in the Elmwood Village has five units and must comply.
Source of Income Discrimination — Prohibited. Buffalo local law prohibits landlords from denying tenants on the basis of lawful source of income, including Housing Choice Vouchers (Section 8), disability benefits, veteran’s benefits, Social Security, and other government subsidies. The city also extends housing discrimination protections to gender identity and immigration status — protected classes beyond what state and federal law require. Advertising “no Section 8” or “employed applicants only” in Buffalo risks a complaint through both city enforcement and the New York State Division of Human Rights.
Erie County Lead Rental Registry (Effective November 2025). The Erie County Department of Health requires registration and inspection of rental units for lead paint hazards. This is particularly significant in Buffalo, where the majority of the housing stock predates 1978. Landlords must register properties with the county and may be required to remediate identified hazards before re-renting units. Failure to comply creates both regulatory liability and potential civil liability if a tenant or child suffers lead exposure.
Erie County HUB Court — Critical for Suburban Landlords. Since December 2021, all residential evictions filed in Erie County town and village courts transfer to the HUB Court located at Buffalo City Court, 50 Delaware Avenue. File your paperwork at the local town or village court — the case automatically transfers to Buffalo. Initial appearances and many proceedings are conducted virtually via Microsoft Teams, with in-person trials held at 50 Delaware Avenue. Properties within Buffalo city limits file directly at Buffalo City Court — no transfer needed.
University Rental Market. The University at Buffalo’s South Campus in University Heights creates a dense student rental corridor. Buffalo State University, Canisius University, D’Youville University, and Medaille University add further student demand. Student tenancies follow standard New York law — no special exemptions. Guarantor leases are standard and legally permitted. The $20 application fee cap (HSTPA) applies to all applicants including students. The 30/60/90-day notice requirements under RPL § 232-b apply to student tenants on month-to-month arrangements just as they apply to any other tenant.
Free Legal Representation. Buffalo has robust tenant legal aid: Neighborhood Legal Services, Legal Aid Bureau of Buffalo, Volunteer Lawyers Project, Center for Elder Law and Justice, and Western New York Law Center all provide free legal representation for qualifying tenants. The Attorney of the Morning program at Part 17 (7th floor) offers free legal consultations every Tuesday from 9:30 to 11:30 a.m. and 2:00 to 4:00 p.m. A higher percentage of Buffalo tenants have legal representation than in many upstate cities, which increases the likelihood of contested proceedings.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. Must be returned within 14 days of move-out with an itemized statement of deductions. Must be held in an interest-bearing account — tenant receives interest minus a 1 percent administrative fee. Application fees are capped at $20 total, including credit and background check costs. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period required before any late fee may be charged. Buffalo does not impose additional local deposit requirements beyond state law.
Buffalo City Court — Where Buffalo Landlords File
Buffalo landlords file summary proceedings (nonpayment petitions and holdover petitions) at Buffalo City Court, located at 50 Delaware Avenue, Buffalo, NY 14202. The Housing Part (Part 14) is on the 6th floor, presided over by Judge Hon. Phillip Dabney, phone (716) 845-2642 — this part handles housing code violations and tenant-initiated complaints about conditions. The Landlord and Tenant Part (Part 17) is on the 7th floor, phone (716) 845-2662 — this is where landlord-initiated summary proceedings are filed and heard. The filing fee for a summary proceeding is $45. Service of the petition costs $60. Service of a 14-day notice costs $60. The warrant of eviction costs $175 for up to two named respondents, plus $25 for each additional person. Total estimated cost for an uncontested eviction is approximately $340 or more in court and sheriff fees alone, before attorney involvement. Attorney fees in Buffalo for a straightforward eviction typically range from $1,500 to $3,500, though contested matters can exceed $5,000. After judgment, the Erie County Sheriff executes the warrant — not a city marshal. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings with defenses, counterclaims, and adjournments can extend to 12 to 16 weeks or longer. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768, and only the Erie County Sheriff is authorized to physically remove a tenant.
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