Buffalo, N.Y., Code of Ordinances ch. 264 § 264-8
Enforcement inspection criteria and authority (Buffalo Rental Dwelling Unit Registration Ordinance)
Operative Text
A. The Commissioner shall make an inspection of the rental dwelling unit that is the subject of an application for a license issued pursuant to this chapter to determine whether or not such rental dwelling unit is in substantial compliance with this chapter and all other applicable housing and building codes. The Commissioner shall provide the owner, or the owner's representative at the inspection with a copy of the results of the inspection. B. If, at any time during or after the application or inspection process, the owner or occupant either refuses to consent to entry of any portion of the subject property or fails to respond to the Department's notice of inspection and request for consent, the Commissioner is authorized to apply for, without further notice to the owner or occupant, an administrative search warrant to fulfill the obligations of this chapter. Nothing in this chapter shall be construed to require either an inspection warrant to inspect a premises under circumstances in which a warrant is not required. C. A notice of intent to conduct an inspection shall contain the following: (1) The date and time at which the designated code enforcement officer or employee will be present to conduct an inspection; (2) Instructions on how to reschedule the inspection to a reasonable date and time by contacting the designated code enforcement officer of employee before the date of the stated inspection; (3) A notification that if the inspection is not allowed to be conducted the City may make application to a court of competent jurisdiction for an inspection warrant; and (4) A notification that tenants are protected against retaliation by property owners for making good faith complaints of code violations pursuant to this chapter and Section 223-b of the New York State Real Property Law. D. If the results of the inspection conducted pursuant to § 264-8A above demonstrate that the dwelling unit is in substantial compliance with this chapter and all other applicable housing and building codes, the owner of the dwelling unit shall be entitled to retain his or her license issued pursuant to this chapter. E. Failure to respond to a request for an interior inspection issued by the Department within 15 business days is a violation subject to a fine pursuant to § 137-7 , schedule of fines and penalties. F. Unless otherwise specified, the terms and conditions of this chapter and Chapter 249 shall apply to holders of all licenses issued pursuant to this chapter.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-8 establishes the framework under which the City's Commissioner inspects rental dwelling units to determine whether they meet housing and building code standards as part of the rental licensing process. Inspection notices must include the scheduled date and time, rescheduling instructions, a warning that a court-issued warrant may be sought if access is denied, and a statement that tenants are protected from landlord retaliation for good-faith code complaints under New York State Real Property Law § 223-b. If an owner or occupant refuses access or fails to respond, the Commissioner may seek an administrative search warrant without further notice. Failing to respond to an interior inspection request within 15 business days constitutes a violation subject to fines under § 137-7.
Plain English — not legal advice.
Under Buffalo, N.Y., Code of Ordinances ch. 264 § 264-8, compliant rental property operators generally respond promptly to the Department's inspection notices, allow access to the dwelling unit within the required 15-business-day window, and coordinate rescheduling through the designated code enforcement officer when the original date is not workable. Operators who receive a copy of inspection results and demonstrate substantial compliance with applicable housing and building codes are entitled to retain their rental license. Ignoring or refusing inspection requests can trigger an administrative search warrant application and a fine schedule under § 137-7, so maintaining open communication with the Department is a standard practice among compliant operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-8 explicitly requires that every inspection notice served in connection with the rental licensing process inform tenants that they are protected against retaliation by property owners for making good-faith complaints about code violations, a protection also grounded in New York State Real Property Law § 223-b. Tenants who believe a landlord has retaliated against them for cooperating with or requesting an inspection may have grounds to raise that retaliation as a defense in a housing proceeding or to file a complaint with a relevant housing authority. Tenant-rights organizations and legal aid offices familiar with Buffalo's rental licensing ordinance can help tenants understand what options may be available under this provision.
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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