Buffalo, N.Y., Code of Ordinances ch. 264 § 264-28
Effect of denial or revocation of certificate of rental compliance (Buffalo Rental Dwelling Unit Registration Ordinance)
Operative Text
A. Vacant units. When a certificate of rental compliance has been denied or revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a certificate of rental compliance has been lawfully issued. B. Occupied units. In addition to other penalties under this chapter, when a certificate of rental compliance has been denied or revoked, the dwelling units containing such violations may be vacated after the Commissioner provides notice to the owner and the occupants of the dwelling units containing said violations. Such notice shall direct the owner and occupants of the dwelling units containing such violations to vacate within a period of time as determined by the Commissioner and may provide a reasonable period for the owner or occupants an opportunity to correct such violations. For the owner, such notice shall be mailed by first class mail to the owner at the address provided by the owner pursuant to § 264-18B of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. For the occupants, such notice shall be mailed to the occupant at the dwelling unit or posted conspicuously at the occupant's dwelling unit. Vacated dwelling units shall not be reoccupied until a certificate of rental compliance has been lawfully issued. C. Occupied units; immediate hazard. In addition to other penalties under this chapter, when a certificate of rental compliance has been denied or revoked for reasons which, in the determination of the Commissioner, present violations of the housing code that create an immediate hazard to the health and safety of the occupants, the dwelling units containing such violations shall be vacated. The Commissioner's determination shall be in writing and shall direct the owner and occupants of the dwelling units containing such violations to vacate the premises within a period of time not to exceed 30 days, as determined by the Commissioner. The Commissioner's determination shall be mailed by first- class mail to the owner at the address provided by the owner pursuant to § 264-4 of this chapter or personally served upon the owner by delivering the notice to the owner or by delivering the notice to a person of suitable age and discretion at the owner's residence or place of business. The Commissioner's determination shall also be posted at the subject building and, to the extent possible, it shall also be posted conspicuously at each dwelling unit. Vacated dwelling units shall not be reoccupied until a certificate of rental compliance has been lawfully issued. D. The notices provided under this section shall not be used to institute, or deemed to establish sufficient grounds for, a summary eviction proceeding under the Real Property Actions and Proceedings Law . E. Eviction actions. No owner who fails to obtain a certificate of rental compliance shall be permitted to bring an action for eviction in the Housing Part of the Buffalo City Court for nonpayment of rent for the period of time during which the certificate of rental compliance was denied or revoked. This section shall not be construed to prevent an owner, notwithstanding the failure to possess a valid and current certificate of rental compliance, from bringing an eviction action for violation of written lease provisions.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-28 establishes what happens to rental units when a certificate of rental compliance is denied or revoked. Vacant units cannot be rented or occupied until a valid certificate is issued, and occupied units may be ordered vacated by the Commissioner—with notice to both owners and tenants—either on a set timeline or within 30 days if an immediate health or safety hazard exists. Importantly, these notices cannot be used as the basis for a summary eviction proceeding, and owners who lack a valid certificate are barred from bringing nonpayment-of-rent eviction actions during the period the certificate was denied or revoked.
Plain English — not legal advice.
Under § 264-28, a Buffalo property owner whose certificate of rental compliance is denied or revoked must stop renting vacant units immediately and must comply with any Commissioner-issued vacate order for occupied units, which may include a correction period before vacating is required. Compliant operators maintain current contact information on file with the city as required by §§ 264-4 and 264-18B, since that is the address to which official notices are mailed. Owners should also be aware that during any period without a valid certificate, they are prohibited from filing nonpayment-of-rent eviction actions in Buffalo City Court's Housing Part, though lease-violation eviction actions remain available.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 264-28 provides important protections for Buffalo renters when a landlord's certificate of rental compliance is denied or revoked. Tenants in affected units must receive proper notice—either mailed to the dwelling unit or posted conspicuously there—before any vacate order takes effect, and the Commissioner may allow time for violations to be corrected before requiring occupants to leave. Notably, a vacate notice issued under this section cannot itself be used to start a summary eviction proceeding against tenants, and a landlord without a valid certificate cannot sue for nonpayment of rent during the period the certificate was denied or revoked; tenants who believe these protections apply to their situation may wish to contact a local tenant-rights organization or consult with an attorney familiar with Buffalo housing law.
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 In
Rules and statutes that cite this regulation