Buffalo, N.Y., Code of Ordinances ch. 154, art. IV § 154-14
Rights of landlords (Buffalo Fair Housing Ordinance)
Operative Text
This article does not prohibit a landlord from refusing to rent housing to a person if one or more of the following conditions are met: A. The person's source of income is unstable, or insufficient to pay the rent, or the source of said income is from an unlawful source; or B. The tenant has been unable to make timely rental payments in all or part of the preceding 18 months; or C. The person has been the source of past complaints from neighbors in all or part of the preceding 18 months, except where those complaints can be reasonably attributed to harassment or discriminatory intent; or D. The person intends to occupy the housing with a larger number of persons than can be accommodated under occupancy standards established by law; or E. For any other reason not prohibited by the laws of the United States, the State of New York or the discriminatory practices set forth in this article, provided that such refusal is based upon legally permitted criteria and those criteria are applied equally to all prospective tenants.
Buffalo, N.Y., Code of Ordinances ch. 154, art. IV § 154-14 carves out specific circumstances under which a landlord may lawfully decline to rent to an applicant, even within a broader framework of tenant protections. These permitted grounds include unstable or unlawful income, a history of late payments in the prior 18 months, neighbor complaints attributable to the applicant (unless rooted in harassment or discrimination), intended overcrowding beyond legal occupancy limits, or any other reason not barred by federal, state, or local anti-discrimination law. The provision requires that any non-enumerated reason be grounded in legally permitted criteria and applied consistently to all applicants.
Plain English — not legal advice.
Under § 154-14, compliant operators in Buffalo generally document the objective, non-discriminatory basis for any rental denial—such as verifiable payment history over the preceding 18 months, income stability assessments, or occupancy capacity relative to applicable legal standards. Operators typically apply their screening criteria uniformly across all prospective tenants to satisfy the provision's equal-application requirement. Maintaining consistent written policies and records helps demonstrate that any refusal falls within the grounds recognized by this article rather than constituting a prohibited discriminatory practice.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 154-14 defines the limited circumstances under which a Buffalo landlord may lawfully refuse to rent, meaning a denial that falls outside those enumerated grounds—or that is applied unequally—may constitute a violation of the broader protections in ch. 154, art. IV. Tenants who believe a denial was based on discriminatory intent, including complaints that were actually rooted in harassment, may have grounds to raise that issue as a defense or to file a complaint with an appropriate local or state civil rights body. Consulting a tenant-rights organization familiar with Buffalo's ordinances can help clarify whether a specific denial aligns with the conditions this provision permits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 7, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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