Buffalo, N.Y., Code of Ordinances ch. 261 § 261-2

Presumption of lead paint (Buffalo Lead Based Paint Hazard Reduction Ordinance)

In Force
Verified 11/7/2026 · Next check 12/7/2026
BuffaloFederal Disclosure (Title X)

Operative Text

Buffalo, N.Y., Code of Ordinances ch. 261 § 261-2
A. Presumption. For all residential properties, pre-school facilities, or child care facilities constructed prior to January 1, 1978, it is presumed that the paint on any structures, equipment, exterior property, premises, dwellings, dwelling units, or parts thereof is lead based paint. B. Owner's opportunity to rebut presumption. The owner of any structures, equipment, exterior property, premises, dwellings, dwelling units, or parts thereof constructed prior to January 1, 1978, may apply to the department to have such structures, equipment, exterior property, premises, dwellings, dwelling units, or parts thereof exempted from the presumption when lead-based paint testing results demonstrate that no lead paint is present on any structures, equipment, exterior property, premises, dwellings, dwelling units, or parts thereof. (1) Lead-based paint testing must be performed by an EPA certified lead-based paint risk assessor or lead-based paint inspector and the testing methodology must be approved by the Commissioner or his designee. C. Owner's duty to correct. The owner of any structures, equipment, exterior property, premises, dwellings, dwelling units, or parts thereof shall take action to prevent the occurrence of lead hazards and shall expeditiously correct an identified or presumed lead hazard using Lead Safe Work Practices. These work methods are intended to limit the exposure of workers and occupants to lead dust and debris during correction and control of lead hazards and during regular maintenance, painting, or renovation performed in housing constructed prior to January 1, 1978.
Source: Legislative text reproduced verbatim
Plain English

Buffalo, N.Y., Code of Ordinances ch. 261 § 261-2 establishes that paint in residential properties, pre-school facilities, and child care facilities built before January 1, 1978, is legally presumed to be lead-based paint. This presumption can be overcome only if an EPA-certified lead-based paint risk assessor or inspector conducts testing that shows no lead paint is present, and the testing methodology is approved by the Commissioner. Owners of such properties are required to prevent lead hazards from occurring and to correct any identified or presumed lead hazard promptly using Lead Safe Work Practices.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 7, 2026

Plain English — not legal advice.

For Property Managers

Under Buffalo, N.Y., Code of Ordinances ch. 261 § 261-2, operators of pre-1978 residential or child care properties generally treat all painted surfaces as lead-based unless they have obtained an exemption through department-approved testing by an EPA-certified risk assessor or inspector. Compliant operators maintain records of any such testing and approvals, and they use Lead Safe Work Practices during maintenance, painting, or renovation to limit occupant and worker exposure to lead dust and debris. When a lead hazard is identified or presumed, compliant operators act expeditiously to correct it rather than deferring remediation.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Buffalo, N.Y., Code of Ordinances ch. 261 § 261-2 gives tenants in pre-1978 housing the benefit of a legal presumption that paint on the property is lead-based, which means an owner cannot simply assert the absence of lead without approved testing results. If a tenant believes a lead hazard exists and is not being addressed, they may consider contacting the Buffalo Department of Permit and Inspection Services or a local tenant-rights organization to understand available complaint and enforcement pathways. Tenants may also be able to raise an owner's failure to correct a presumed lead hazard as a relevant issue in housing court or other proceedings.

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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

Buffalo Code § 261-11
Buffalo Code § 261-2
Buffalo Code § 261-1
Buffalo Code § 261-4
Buffalo Code § 261-7
Buffalo Code ch. 261
Buffalo Code ch. 261
Buffalo Code ch. 261

Related Rules

§ 574.635
§ 574.635 Lead-based paint.
§ 196
Prohibited acts relating to lead-based paint, glaze or other substance; punishment; embargo of personal property
§ 35.940
§ 35.940 Special requirements for insular areas.

Source Information

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