Buffalo, N.Y., Code of Ordinances ch. 264 § 264-7
Dust wipes (Buffalo Rental Dwelling Unit Registration Ordinance)
Operative Text
A. As of January 1, 2027, all inspections conducted pursuant to this chapter must include a lead- based paint dust wipe test as defined in Chapter 261 . B. As of January 1, 2027, no license issued pursuant to this chapter shall be granted to an owner who does not conduct and whose property does not pass a dust wipe test as required herein and defined in Chapter 261 . C. Prior to January 1, 2027, where there is evidence or a disclosure of recent substantial renovation, repair or painting in a dwelling unit seeking a license pursuant to this chapter, the department is required to conduct, and the property is required to pass, a lead-based paint dust wipe test as defined in Chapter 261 . (1) Renovation is considered substantial when the cost of such renovation or remodeling made within any six-month period exceeds 50% of the cost of replacement of the building at the beginning of that six-month period; or whenever more than 50% of any building system, measured in units appropriate to that system, is replaced within any twelve-month period. D. Prior to January 1, 2027, following a determination of the existence of a lead-based paint hazard outside the scope of § 264-7C or where another lead hazard is present as determined by the Department, the Commissioner may require the owner for a license issued pursuant to this chapter to pass a lead-based paint dust wipe test. E. Owners of properties seeking licenses pursuant this chapter may request an exemption to the lead-dust wipe requirement if a licensed third party lead inspector examines and certifies that the property has no current and will not present any future lead-based paint hazard because the property's lead paint surfaces have been fully and permanently abated as defined in Chapter 261 . The Department reserves the right to accept or reject the certification and request consent to a dwelling unit inspection to verify such certification. In the case of lead-related renovations, the Commissioner may issue a waiver to the lead-dust requirement if the Department determines, after conducting a visual assessment, that the renovations raise a de minimis risk to occupants.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-7 establishes lead-based paint dust wipe testing requirements tied to the city's rental licensing process. Starting January 1, 2027, every inspection under this chapter must include a dust wipe test, and no license may be issued to an owner whose property fails that test. Before that date, dust wipe tests are triggered by evidence of substantial recent renovation or by a departmental finding of a lead hazard, and the Commissioner retains discretion to require testing in additional circumstances. Property owners may seek an exemption if a licensed third-party inspector certifies full and permanent lead abatement, though the Department may verify that certification independently.
Plain English — not legal advice.
Under § 264-7, compliant rental property operators in Buffalo ensure that lead-based paint dust wipe tests—as defined in Chapter 261—are completed and passed as part of the licensing process. Beginning January 1, 2027, this applies to every inspection; before that date, operators generally arrange testing whenever substantial renovation has occurred or when the Department identifies a lead hazard. Owners whose properties have undergone full lead abatement may pursue an exemption by engaging a licensed third-party lead inspector to certify the absence of current or future hazard, subject to the Department's acceptance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 264-7 of the Buffalo Code gives tenants in licensed rental units a basis to expect that their home has been tested for lead-based paint dust hazards as a condition of the landlord receiving a license. If a license was issued without the required dust wipe test or after a failed test, that may be relevant information when raising concerns with the city department that administers Chapter 264. Tenants who believe lead hazards exist in their unit can contact local tenant-rights organizations or the relevant city department to understand what complaint or inspection options may be available to them.
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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