Buffalo, N.Y., Code of Ordinances ch. 261 § 261-7
Remedy for violations (Buffalo Lead Based Paint Hazard Reduction Ordinance)
Operative Text
A. Following a visual assessment which results in the citation of a deteriorated paint violation, the violation may be removed only by one of the following methods: (1) Certification by a lead-based paint inspector or risk assessor that the property has been determined through a lead-based paint inspection conducted in accordance with the federal regulations at 40 CFR 745.227(b) not to contain lead-based paint. (2) Certification by a lead-based paint inspector or risk assessor that all cited violations have been abated, or interim controls implemented, and clearance has been achieved; provided, however, that the property has been inspected since the deteriorated paint or dust-lead hazard violation was last cited, including a full visual assessment. (3) Where exterior deteriorated paint violations, including deteriorated paint violations on an open porch, and/or bare soil violations are cited, or where interior deteriorated paint violations are cited in a common area, clearance may be established through a visual assessment by a City inspector after reduction measures have been implemented.
Buffalo, N.Y., Code of Ordinances ch. 261 § 261-7 establishes the specific methods by which a cited deteriorated paint violation can be officially cleared from a property's record. A violation cannot simply be painted over or self-reported as fixed; it must be resolved through a qualified lead-based paint inspector or risk assessor who certifies either that no lead-based paint is present, or that all violations have been abated or controlled and clearance has been achieved. For certain exterior, open porch, bare soil, or common-area interior violations, a visual assessment by a City inspector following reduction measures may also serve as a path to clearance.
Plain English — not legal advice.
Property owners and managers subject to ch. 261 § 261-7 generally work with a certified lead-based paint inspector or risk assessor to formally close out any cited deteriorated paint violation, since self-certification is not an accepted method under this provision. Compliant operators typically obtain the appropriate written certification — whether confirming the absence of lead-based paint, the completion of abatement, or the implementation of interim controls with achieved clearance — before considering a violation resolved. For exterior, porch, bare soil, or common-area interior violations, operators also coordinate with City inspectors to schedule a visual assessment after reduction measures have been completed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under ch. 261 § 261-7, tenants living in a property with a cited deteriorated paint violation have an interest in knowing that the violation can only be officially cleared through specific, verifiable methods — not simply a landlord's word that repairs were made. If a violation has been cited and a tenant believes it has not been properly resolved through one of the methods described in this provision, that concern can generally be raised with the City of Buffalo's code enforcement office. Tenant-rights organizations in the Buffalo area can help residents understand what documentation to request and what options may be available when a lead-paint violation remains open.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation