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[HISTORY: Adopted by the Common Council of the City of Buffalo 2-20-2024. Amendments noted where applicable.]
The Common Council of the City of Buffalo hereby finds and declares that the short-term rental of dwelling units constitutes a business that affects the public health, safety and general welfare of the visitors to and residents of the City of Buffalo. The intent of this chapter is to regulate the short term rental of dwelling units to protect the public health, safety and general welfare of the people visiting or living in the City of Buffalo and to further achieve the following beneficial purposes:
A. 
The protection of the character and stability of residential areas;
B. 
The correction and prevention of housing conditions that adversely affect or are likely to adversely affect the life, safety, general welfare and health, including the physical, mental and social well-being of persons occupying dwellings;
C. 
The complete remediation of lead-based paint hazards;
D. 
The restriction or revocation of short-term rental privileges for property owners who fail to maintain housing conditions conducive to health and safety;
E. 
The enforcement of minimum standards for heating, plumbing, adequate bathroom facilities and other recognized acceptable living conditions necessary for health and safety;
F. 
The enforcement of minimum standards for light and ventilation necessary for health and safety;
G. 
The enforcement of minimum standards for the maintenance of existing residential buildings and the prevention of slum and blight conditions;
H. 
The preservation of the value of land and buildings throughout the City;
I. 
To preserve the welcoming atmosphere and rich experience that Buffalo offers to visitors from all over the world;
J. 
To ensure that residents and visitors are able to coexist in a manner where each respects the rights to privacy and quiet enjoyment of the other.
As used in this chapter, the following terms shall have the meanings indicated:
APPLICATION
The filing, review, and completion of prerequisite conditions conducted in furtherance of obtaining a short-term rental license. No distinction shall be drawn between an application for initial issuance and an application for renewal unless otherwise specified by this chapter. An application will be considered current for one year following the date of filing or until the license sought is granted or denied, whichever occurs first.
CERTIFICATE
The tangible record granted and executed by the City of Buffalo that is representative of a license issued pursuant to this chapter.
COMMISSIONER OF PERMIT AND INSPECTION SERVICES or COMMISSIONER
The Commissioner of Permit and Inspection Services or designee.
COMMON AREA
A portion of a residential property that is available for use by occupants of more than one dwelling unit. Such an area may include, but is not limited to, hallways, stairways, porches, basements, attics, garages and boundary fences.
DEPARTMENT
The Department of Permit and Inspection Services, an agency within the executive branch of the City of Buffalo. "Department" shall be construed to include employees of the department acting within the scope of their employment.
DETERIORATED PAINT
Any interior or exterior paint or other coating that, through a visual assessment, is found to be peeling, chipping, crazing, flaking, abrading, chalking or cracking, or any paint or coating located on an interior or exterior surface or fixture that is otherwise damaged or separated from the substrate, or a chewable surface that contains visual signs of chewing.
DWELLING UNIT
A single residential accommodation which is arranged, designed, used or, if vacant, intended for use exclusively as a short-term residence of one or more human beings. Wherever the words "dwelling" or "dwelling unit" are used in this chapter, they shall be construed as though they were followed by the words "or any part thereof." This does not include basements, cellars, attics, sun porches or garages, or any nonconventional residential dwellings not included here.
ENFORCEMENT OFFICER
Any inspector or authorized enforcer of the City of Buffalo housing code.
HOUSING CODE
All state and local laws, codes, ordinances, rules and regulations for the establishment and maintenance of housing standards. This definition also encompasses the term. "building code." This definition includes, but is not limited to the Buffalo City Code and New York State Uniform Fire Prevention and Building Code.
LEAD-BASED PAINT HAZARD
Any condition that could cause exposure to lead from dust-lead hazards, soil-lead hazards, or lead-based paint that is deteriorated or present in chewable surfaces, friction surfaces, or impact surfaces, and that would result in adverse human health effects.
LICENSE
Permission or authority granted by the City of Buffalo to engage in conduct that would be unlawful in absence thereof. For the purposes of this chapter, licenses are represented by certificates. The term "license" is interchangeable with the term "certificate" for the purposes of this chapter.
NON-OWNER-OCCUPIED SHORT-TERM RENTAL
The short-term rental of a dwelling that is owned and maintained by a person, corporation or agent, who has legal authority to obtain a license to use the property for the purpose of a short-term rental, but who does not live within the main dwelling rented or does not share a roof in common with the property used for said services.
OCCUPANT
Any individual staying or sleeping in a building, or having lawful possession of a space within a building.
OWNER
The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee or agent.
OWNER-OCCUPIED SHORT-TERM RENTAL
The rental of a dwelling unit for a time period between one and 30 days. Owner must be a resident of the property.
PUBLIC ACCOMMODATION
any structure in which the owner or owner's agent rents or leases temporary lodging space that is open to the public and is licensed to perform such services by the City of Buffalo and/or the State of New York. Examples include hotels; motels; bed-and-breakfast establishments; rooming or boardinghouses; hospitals; nursing homes; or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants.
RENOVATION
any modification of an existing structure, or portion thereof, which results in the disturbance of painted surfaces. The term renovation includes, but is not limited to, the removal, modification or repair of painted surfaces or painted components (e.g., modification of painted doors, surface restoration, window repair, window replacement, surface preparation activity such as sanding, scraping, or other activities that may generate paint dust), removal of building components, weatherization (e.g., cutting holes in painted surfaces to install blown-in insulation or to gain access to attics, planning thresholds to install weather stripping) and interim controls that disturb painted surfaces.
SHORT-TERM RENTAL LICENSE
A license to operate a short-term rental issued by the Commissioner of Permits and Inspection Services following the approval of a short-term rental certificate and/or a special use permit.
SPECIAL USE PERMIT
A requirement of a non-owner-occupied short-term rental pursuant to UDO 496 § 11.3.3. Special use permits are subject to review by the Planning Board for recommendation to the Common Council.
VISUAL ASSESSMENT
A visual examination of the interior of a dwelling unit and exterior of the property where the dwelling unit is located. A visual assessment shall not be considered to be complete if the examining individual is locked out or otherwise prevented from inspecting any room or space within the dwelling unit. The exterior of a property includes the curtilage and any satellite structures existing within the legal boundaries of such property.
A. 
With respect to the dwelling unit which the occupant inhabits, controls or uses, the occupant shall be responsible for the following standards.
(1) 
Occupancy limitations and the lawful use of a dwelling unit.
(2) 
Maintenance of the dwelling unit in a clean, safe and sanitary condition.
(3) 
Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities contained in the dwelling unit in a clean and sanitary condition and providing reasonable care in the operation and use thereof.
(4) 
Keeping exits in the dwelling unit free and clear.
(5) 
Disposing of garbage and refuse into provided facilities in a sanitary manner and keeping the dwelling unit free and clear from garbage, refuse and debris.
(6) 
Keeping any domestic animals and pets, if permitted, in an appropriate manner and under control.
(7) 
All dwelling unit occupants shall comply with all applicable ordinances of the City of Buffalo Code at all times.
(8) 
Timely notify the property owner or property manager when a condition arises that is the landlord's legal duty to remedy.
(9) 
Deal in good faith to schedule and facilitate prompt maintenance that the property owner is obligated to perform.
(10) 
Adhere to all reasonable provisions included in the short-term rental agreement. Such agreements must be in writing to be valid under this section. A contract provision in a short-term rental lease is reasonable unless it is illegal or unconscionable under New York law.
Every holder of any license issued pursuant to this chapter shall abide by the following requirements:
A. 
Duty of lawful compliance. Conform with all other applicable state, county and City laws and ordinances on matters not specifically addressed in this chapter including, but not limited to, laws protecting residents against discrimination based on race, sex, national origin, familial status, source of income, or other protected categories.
B. 
Smoking policies. The rental agreement or lease for a dwelling unit regulated under this chapter must include a disclosure of the smoking policy for the premises on which the dwelling is located. The disclosure must state whether smoking is prohibited on the premises, allowed on the entire premises or allowed in limited areas on the premises. If the smoking policy allows smoking in limited areas on the premises, the disclosure must identify the areas on the premises where smoking is allowed.
C. 
Posting Requirement. Certificates issued pursuant to this chapter shall be posted prominently in a protective mounting so as to be plainly visible for occupants and inspectors. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit. The certificate shall be produced by the owner at the request of a tenant, a prospective tenant or upon demand of the Commissioner. An owner may post a duplicate of a certificate issued pursuant to this chapter that is lawfully executed by the Department. Photocopies do not satisfy the posting requirement.
License holders shall not violate any local, state, or federal antidiscrimination laws. An adverse decision against a license holder, in any adjudicative procedure satisfying due process finding that the license holder or the agent of such license holder engaged in discriminatory conduct, shall result in the immediate revocation of a short-term rental license.
A. 
Short-term rentals allowed within the City of Buffalo:
(1) 
Owner-occupied short-term rentals allowed as of right throughout the City of Buffalo except in N-4-30, N-4-50, D-IL, D-IH, D-OS, D-OG, D-ON and C-R Zoning Districts.
(2) 
Non-owner-occupied short-term rentals not allowed without a special use permit.
(3) 
Short-term rentals not allowed in N-4-30s and N-4-50s Zones.
(4) 
Non-owner-occupied short-term rentals must first obtain a special use permit coupled with a short-term rental certificate. The special use permit coupled with a short-term rental certificate will be sufficient to grant such applicant a license to operate a non-owner-occupied short-term rental throughout the City of Buffalo, unless otherwise ineligible pursuant to Chapter 496 § 11.3.3 of the UDO.
(5) 
Short-term rental not allowed in multiple residential dwelling units such as apartment buildings, co-ops, condos, three-family units and other similar properties.
(6) 
Properties may only be used for the purpose of short-term rentals if the City has issued a short-term rental certificate. Properties used for the purpose of short-term rentals shall be subject to an annual inspection to determine compliance with the housing code.
(7) 
Non-owner-occupied short-term rental is only allowed as provided pursuant to Chapter 496 of the Unified Development Ordinance (UDO) Table 6A LODGING-Bed/Breakfast. A maximum of two adults and one child per room shall be allowed at a time.
(8) 
No more than two dwelling units per building may be used as short-term rentals.
(9) 
Occupancy limitations per Table 404.5 of the 2020 Property Maintenance Code of New York State.
B. 
Additional review required in local historic districts.
(1) 
When assessing short-term applications for owner-occupied or non-owner-occupied rentals located in local historic districts, the following additional factors shall be weighed by the Common Council and written findings of facts on the following must be made before approving use:
(a) 
The intended use will be designed, maintained, and operated in a manner that complements the surrounding area, ensuring it does not hinder the development, use, or enjoyment of neighboring properties in any foreseeable way.
(b) 
Utilizing the property as a short-term rental will not impose undue burdens on the property itself, the character of the community, or the historic district.
(c) 
The applicant has shown compliance with local historic preservation guidelines relative to the maintenance and upkeep of the property.
(d) 
The dwelling unit is situated outside of a single-family neighborhood. See UDO § 1.2.2 for definition.
(e) 
Convenient living arrangements are available near the historic district, catering to the needs of visitors, such as hotels and other existing short-term rentals.
(2) 
Failure to provide such information shall be grounds to deny a short-term rental dwelling unit registration certificate.
C. 
The Department shall issue a short-term rental unit registration certificate to an owner who provides valid identification, proof of lawful ownership, an application furnished pursuant to § 380-11 that has been completed and signed under penalty of perjury, an affidavit of compliance furnished pursuant to § 380-12 that has been completed and signed under penalty of perjury and has satisfied all requisite conditions and stipulations required by this chapter.
Term. A short-term rental dwelling unit certificate issued pursuant to this chapter shall expire one year after its issuance, unless sooner revoked pursuant to § 380-17. Within 60 days prior to the expiration of a short-term rental dwelling unit certificate, the owner shall make written application for a short-term rental dwelling unit certificate in accordance with § 380-11 of this chapter. In no event shall a short-term dwelling unit certificate be issued pursuant to this chapter remain in effect more than one year after the date of its issuance unless further extended by the Commissioner for sufficient cause.
Owners seeking to obtain a short-term rental dwelling unit certificate for rental properties subject to this chapter must meet the following conditions:
A. 
The property must pass an exterior and interior rental unit inspection conducted by the Department of Permit and Inspection Services.
B. 
Owner-occupied and non-owner-occupied properties containing two or fewer dwelling units where the owner engages in short-term rental must meet all other applicable legal requirements as set forth in the City of Buffalo Codes and Unified Development Ordinance (UDO).
C. 
Carbon monoxide and smoke detectors shall be installed per NYS Uniform Fire Prevention and Building Code.
D. 
Only approved areas shall be used for occupancy (no basements, attics, sunporches, garages).
E. 
No public assembly (party houses are not permitted).
F. 
Diagrams for exiting must be posted on the interior of each bedroom door.
G. 
Emergency contact numbers (owner, property manager) are required to be active and posted on-premises and filed with DPIS.
H. 
The owner must provide working fire extinguishers.
I. 
The owner must provide a snow shovel to be used in case of emergencies.
J. 
Non-owner-occupied short-term rentals are required to maintain a two-night minimum stay.
K. 
The license to operate must be posted in a conspicuous location inside the short-term rental.
L. 
The property must comply with the City of Buffalo Noise Ordinance.[1]
[1]
Editor's Note: See Ch. 293, Noise.
Exemptions to provisions herein concerning lead paint in a property shall apply to properties constructed after 1978. The Department reserves the right to request a third-party verification of compliance concerning safety of the property.
A. 
Application short-term rental dwelling unit certificate. The owner of each dwelling unit existing on the effective date of this chapter shall make written application to the Commissioner for a short-term rental dwelling unit certificate. Such application shall be made on a form furnished by the Commissioner and shall set forth, at minimum, information listed in § 380-11B.
B. 
Each application shall include the following:
(1) 
The owner's name, principal residence address, principal business address and telephone number.
(2) 
For owner-occupied short-term rental certificate, proof of owner occupancy shall mean a driver's license coupled with two forms of official mail in the name of the applicant, addressed to the property for which the license is requested. A short-term rental certificate is sufficient to obtain a license to operate, unless otherwise ineligible pursuant to the following:
(a) 
Nonconventional home, e.g., adaptive reuse properties never used as residential in the past.
(b) 
Property is subject to tenant agreement governed by law, e.g., HOA agreements.
(3) 
If the owner is an association, limited liability partnership, joint tenancy, tenancy in common or tenancy by the entirety, then each and every owner or general partner shall be indicated on the application and register an address in accordance with § 380-11B(1).
(4) 
If the owner is a corporation, the principal place of business of the corporation must be provided and the name, title and residence address of all officers, directors, managing or general agents must be included.
(5) 
If the owner has designated an agent or managing company, then the name, principal residence address, principal business address and telephone number of such agent or managing company must be included in addition to that of the owner. If the owner does not reside within the County of Erie (New York) or County of Niagara (New York), the owner must designate an agent whose residence or principal place of business is located in the County of Erie (New York) and include all information required herein.
(6) 
It shall be the responsibility of the owner to properly register any change of address, agent or any other information which occurs after the filing of the application.
(7) 
For purposes of this section, a post office box shall not be accepted as the owner's address or the owner's agent's address. Further, the building intended to be licensed shall not be accepted as the owner's address unless it is the principal place of business or residence of the owner.
(8) 
The owner shall specify the address to which all notices of violation issued pursuant to § 380-20 of this chapter, and other violations of the housing codes, and invoices for fees are to be forwarded.
(9) 
If the property was constructed prior to 1978, the owner shall certify that the owner is aware of the possibility of lead in the property; that the owner is aware of federal disclosure requirements concerning property that may contain lead and has complied with federal disclosure requirements; and that the owner is familiar with the use of lead safe work practices that must be utilized during painting, renovation, or repair of the property. Said certification will be made available for completion on the City of Buffalo webpage and in the Department of Permit and Inspection Services at City Hall.
C. 
The Commissioner may request other information from time to time which may be necessary to administer, enforce, and ensure compliance with the provisions of this chapter and the housing code.
D. 
Failure to provide any information required by §§ 380-11B or C shall be grounds to deny a rental dwelling unit registration.
A. 
Required disclosures. Upon application for a new or renewal short-term rental dwelling unit certificate, the owner shall state, under penalty of perjury:
(1) 
Whether renovation, repair and/or painting occurred in the unit during the previous three years from the date of application that trigger the requirement of lead safe work practices or methods as defined by the United States Environmental Protection Agency, Chapter 261 of the City of Buffalo's Code, and the Erie County Sanitary Code, whichever is more protective of public health;
(2) 
If the renovation, repair and/or painting took place that meet such criteria, the owner shall provide additional information including:
(a) 
The approximate dates of the renovation, repair and/or painting;
(b) 
The location in the unit or on the exterior of the unit of the renovation, repair and/or painting;
(c) 
The name and business address of the person, including the owner if self-performing, or entity that engaged in the renovations, repair or painting;
(d) 
A statement indicating that at the time of renovation, repair or painting, the person or entity who engaged in the activity held a current Environmental Protection Agency Accredited Renovation, Repair and Painting Training Program certification or similar accreditation issued by the Erie County Department of Health;
(3) 
Whether the unit has any active or unresolved citations issued by the Erie County Department of Health of any violation of the Erie County Sanitary Code and details as to the status or resolution of the citation;
(4) 
The existence of any active lead-based paint citations issued by the Erie County Department of Health, or by a state or federal entity with concurrent jurisdiction;
(5) 
Whether the unit complies with the conditions set forth in § 380-9.
B. 
Required disclosures after application. If any of the conditions listed in § 380-12A arise after the owner has filed an application for a short-term rental license, the owner must disclose the condition to the Department within 30 calendar days of receiving actual, constructive, or inquiry notice of the condition.
C. 
Failure to provide such information shall be grounds to deny the issuance of a short-term rental dwelling unit certificate.
A. 
Short-term rental certificate fees. All owners engaged in short-term rentals, where the property is owner-occupied, shall pay a first-time certificate fee of $400 and a subsequent annual certificate fee of $200 thereafter. The owner of a property engaged in short-term rentals where the property is not owner-occupied shall pay a first-time certificate fee of $650 with a subsequent annual certificate fee of $400 thereafter. Pursuant to Chapter 496 of the UDO, all non-owner-occupied short-term rentals must obtain a special use permit subject to Planning Board recommendation to the City of Buffalo Common Council.
B. 
Inspection fees. If violations of state or local building codes are found during a property inspection, the property owners must pay a fee for each additional inspection conducted until all violations are resolved. The fees will follow a tiered structure, with the second inspection costing $150, the third, $300, and each subsequent inspection incurring a fee of $600. Inspectors shall assess the fee if the status of the violation has not progressed or been satisfactorily completed. The fee shall not be applicable to inspections ordered after the commencement of a court action.
C. 
Administrative recommendation. The Commissioner shall review the fee schedule annually and recommend changes as he deems appropriate, to the Common Council.
A. 
The transfer of ownership of a short-term rental property shall result in a cessation of all operations/business at the property, until a new rental license is obtained by the new owner. Notwithstanding the above, in the case where the property is subject to a special use permit, no additional actions are needed on the part of the new owner, provided that the continued use is within said year of the transfer.
B. 
This section applies exclusively to short-term rental licenses lawfully issued pursuant to this chapter. This section does not apply to incomplete applications for such licenses.
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, or his designated representative, 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 as removing the obligation of an owner to apply and secure licenses required for the premises. Nothing in this chapter shall be construed to require 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 occupants are protected against retaliation by property owners for making good faith complaints of code violations pursuant to this chapter and § 223-b of the New York State Real Property Law.
D. 
If the results of the inspection conducted pursuant to § 380-8A 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 licenses 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.
A. 
Upon completion of a visual assessment, if the Commissioner finds noncompliance with the housing code, the Commissioner may issue a notice of violation in accordance with § 380-9 of this chapter for the correction of any violations of the housing code.
(1) 
Upon reinspection, if the Commissioner finds noncompliance with the notice of violation the Commissioner may deny a certificate or revoke any issued certificate in accordance with the procedure set forth in § 380-17 of this chapter. The Commissioner shall issue a written statement setting forth the reasons for the denial or revocation.
(2) 
If the unit is occupied at the time of noncompliance with the notice of violation, the Commissioner may make an application to the Housing Part of the Buffalo City Court or another court of competent jurisdiction to obtain any order made available pursuant to § 380-10D(1).
B. 
Nothing in this chapter shall be interpreted or construed as conditioning the issuance of a short-term rental dwelling unit certificate upon an owner's consent to an inspection of a building and dwelling units therein.
A. 
A short-term rental license issued pursuant to this chapter may be revoked by the Commissioner for any one or more of the following reasons.
(1) 
Fraud, misrepresentation or a false statement as to a material fact in the application;
(2) 
A finding that a short-term rental license was issued in error and not in accordance with applicable law, including but not limited to a failure to fulfill all conditions upon which the license was issued pursuant to § 380-9.
(3) 
A violation of any of the provisions of this chapter including, but not limited to noncompliance with a notice of violation issued pursuant to § 380-20.
(4) 
A violation of any applicable law including, but not limited to the Civil Rights Act of 1964; the Civil Rights Act of 1968; and Chapter 261 of the Buffalo City Code.
(5) 
The Commissioner determines that the rental dwelling unit does not substantially conform to this chapter or the New York State Uniform Fire Prevention and Building Code.
(6) 
A failure to correct violations of laws, ordinances, codes or regulations within the time period specified in any notice of such violation.
(7) 
If the structure, its occupancy, or its use is changed or altered without the required permits or approvals.
(8) 
More than three noise violations within a year of the issued license. However, where the third noise violation is within four weeks or less of the second violation, the date of issuance of the most recent license is not a factor in revocation.
B. 
Prior to such revocation, the Commissioner shall hold a hearing after at least 10 days' notice of the time and place of the hearing provided to the owner. The Commissioner shall issue a written statement setting forth the reasons for the decision.
A. 
Vacant units. When a short-term rental license has been denied or revoked, no further rental and occupancy of dwelling units then vacant shall be permitted until a short-term rental unit certificate has been lawfully issued.
B. 
Occupied units. In addition to other penalties under this chapter, when a short-term rental license has been denied or revoked, the dwelling units containing such violations shall 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 § 380-11B 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 short-term rental license has been lawfully issued.
C. 
Occupied units; immediate hazard. In addition to other penalties under this chapter, when a short-term rental license 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 § 380-11 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 short-term rental license 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 Proceeding Law.
A. 
Any violation of this chapter by a person, firm, corporation or other entity shall be a violation punishable in accordance with the general penalty provisions under Buffalo Code § 1-15, and § 137-7J, with said penalties to be in addition to the revocation of the short-term rental license issued under the provisions of this chapter. In addition, the annual registration fee will double 30 days after the due date has passed and a second invoice for payment has been sent first-class mail to the owner. In addition, a summons will be issued 60 days after the due date has passed and a fine in the amount of $500 will be imposed in addition to all outstanding license fees and late charges. Furthermore, following the revocation of a license issued pursuant to this chapter, the Department may seek a notice to vacate and removal of all occupants of a rental unit for failure to obtain the applicable license 30 days after the date of revocation has passed and after notice has been given to the owner and occupants by the Commissioner.
(1) 
Operating a short-term rental without the required certificate or license a Class J fine of $500 per violation.
(2) 
Exceeding capacity of the short-term rental unit, a Class CC fine of $500 per violation.
(3) 
Violating a condition of the short-term rental license or certificate a Class J fine of $500 per violation.
B. 
(Reserved)
C. 
In an action involving violations of this chapter, the Commissioner has discretion to seek one or more of the following orders from the Housing Part in Buffalo City Court or another court of competent jurisdiction:
(1) 
An order to vacate the premises;
(2) 
An order to remove the property from all platforms on which it is listed and cancellation of any future reservations;
(3) 
Any order that the court finds just and proper under the circumstances.
D. 
Lead-based paint violations are subject to fines pursuant to § 137-7, Schedule of fines and penalties. In addition, upon a finding of existing lead-based paint violations by the Department of Permit and Inspection Services, the owner of the affected property must remediate said violation in accordance with the lead safe work practices and other requirements in Chapter 261. The Department shall establish the time permitted to fully remediate the lead-based paint hazard based. The time shall be established based on a determination of risk to any current or future occupants of the dwelling unit. Failure to remediate within the established time may result in the revocation of all licenses issued pursuant to this chapter.
(1) 
Following a determination of the existence of a lead-based paint hazard, or where there is evidence or a disclosure of recent renovation, repair or painting in the dwelling, or whether another risk factor is present as determined by the Department, the Commissioner may require the applicant for, or holder of, a license issued pursuant to this chapter to:
(a) 
Obtain a lead-based paint dust wipe test as defined in Chapter 261, in a manner that is not inconsistent with § 264-7;
(b) 
Produce a lead-based paint hazard reduction plan as defined in Chapter 261;
(c) 
Obtain a clearance examination as defined in Chapter 261;
(d) 
Provide temporary alternative housing arrangements for occupants with minor children at the owner's expense as well as storage for belongings, as needed and requested;
(e) 
Produce information upon request as to the accreditation status of contractor or person engaged in renovation, repair or painting at the dwelling unit; or
(f) 
Comply with an order requiring any combination of the above.
(2) 
In the event repair or remediation is required by order of the Department, owners must ensure work in the unit is performed in a timely and professional manner and shall not, absent a court-ordered requirement to vacate, eject or evict the unit's occupants due to disruptions or inconveniences caused by the repair, remediation or paint work in the unit, absent a court order to vacate.
(3) 
Failure to comply with any of the requirements set forth above shall be a violation and may result in the denial of the license sought by the applicant.
A. 
Whenever the Commissioner determines that a building or a dwelling unit contained therein is in violation of the following, including but not limited to, Housing Code Chapter 380, the UDO Chapter 496, any one of the grounds listed in § 380-17, and/or the City of Buffalo Noise Ordinance, Chapter 12, § 12-7, a notice of violation shall be issued setting forth at a minimum:
(1) 
The location and registered owner of the subject property;
(2) 
Specific violations of the law, including, but not limited to the City of Buffalo housing codes and New York State Uniform Fire Prevention and Building Code; and
(3) 
A reasonable time, not to exceed 60 days, for the correction of any violations.
B. 
Such notice may contain any additional information and require expedited compliance, as determined by the Commissioner, as necessary to achieve the goals of this chapter including, but not limited to addressing lead-based paint hazards when any occupant of the rental unit is pregnant or under the age of seven.
C. 
For purposes of this chapter, the Commissioner may grant additional time to correct violations of the housing code beyond 60 days for sufficient cause as determined by the Commissioner. Any such extensions shall be issued by the Commissioner stating the reasons for such extension and otherwise in accordance with the requirements of this section and departmental policy.
D. 
The notice of violation may be mailed by first-class mail to the address provided by the owner pursuant to § 380-11 of this chapter.
Short-term rental unit certificates may be revoked or suspended in accordance with the following procedures:
A. 
A written notice of intent to revoke an existing short-term rental license or deny an application for a new or renewal short-term rental license must be issued to the owner or agent of the structure for which the license was issued. The notice must specify the reason(s) for such revocation. Such notice shall be served by certified mail, return receipt requested, addressed to the owner or agent at his last known place of residence as shown by the records of the Department of Permit and Inspection Services, Department of Assessment and Taxation or Division of the Treasury, or the original application form.
B. 
In the event that a receipt for the notice is not returned to the Department, a second notice shall be served on the owner or agent in the manner provided under New York State Civil Practice Law and Rules for service of a summons in a civil action.
C. 
The notice(s) aforementioned shall also contain the time and place at which a hearing will be granted before the Commissioner or his designee, at which time the owner or agent shall be afforded the opportunity to present testimony and evidence regarding the particulars contained in the aforementioned notice. The time of said hearing shall be specified on a date no sooner than five days after service of the notice and no later than the 10 days thereof.
D. 
If the owner or agent appears at said hearing before the Commissioner, he or she shall thereafter make a further determination which shall:
(1) 
Affirm his intention to revoke the short-term rental certificate with reasons.
(2) 
Modify the specifications of this original intention to revoke the short-term rental certificate with reasons; or
(3) 
Vacate the original notice with reasons.
E. 
A third violation of the City of Buffalo Code Chapter 12, § 12-7, shall mean immediate suspension followed by a notice to appear. Such notice shall be issued within three days of the immediate suspension. The nature of the appearance shall be at the discretion of the Commissioner only, and he/she may decide to uphold the suspension for any amount of time not to exceed six months, at which time a set date for a scheduled hearing as described above shall be made to address the immediate suspension described herein.
F. 
The Commissioner or his designee shall notify all parties who appeared at the hearing, and the agency or owner of the subject property of his final determination within five days after the hearing in the manner specified in Subsection A hereof.
G. 
If the determination is to revoke the license, such revocation shall be effective upon service of the final notice of revocation.
H. 
The Commissioner or his designee shall notify all parties who appeared at the hearing, and the agency or owner of the subject property of his final determination within 10 days after the hearing in the manner specified pursuant to § 380-21A.
A. 
Filing and right to appeal. Any person adversely affected by any notice or order which has been issued under any provision of this chapter or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the Commissioner. Petitions must be submitted in writing and contain a brief statement of the grounds for the appeal. Upon receipt, the Commissioner shall hold a hearing, at which time the petitioner shall be given an opportunity to show why such notice or order should be modified or withdrawn. The Commissioner may decline a hearing if the petition is not filed in the office of the Commissioner within 10 days after the date the notice or order was issued.
B. 
Hearing procedures. Upon receipt of a petition that complies with § 380-22A, the Commissioner shall set a time and place for such hearing and shall give the petitioner prior written notice. The hearing shall begin within 10 calendar days of the date on which the petition was filed. After such hearing, the Commissioner may sustain, modify or withdraw the notice or order complained of by the petitioner, depending upon his finding as to whether the provisions of this chapter and of rules and regulations adopted pursuant thereto have been complied with.
C. 
Post-hearing procedures. After any such hearing, in the case of any notice or order suspending any permit required by this chapter, when such notice or order has been sustained by the Commissioner, such suspended permit shall be deemed to have been revoked. The proceedings at such hearing, including the findings and decision of the Commissioner, shall be reduced to writing and entered as a matter of public record in the Office of the Commissioner. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Commissioner may appeal therefrom to any court of competent jurisdiction under the procedures provided by the laws of this state.
D. 
Authority to bring suit. No provision or requirement herein contained for a hearing shall in any way whatsoever affect or impair the right of the Commissioner to at any time bring such legal proceedings, actions or prosecutions as otherwise or elsewhere are permitted by law or ordinance.
E. 
Emergency power. Whenever the Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately but, upon written petition to the Commissioner, shall be afforded a hearing as soon as possible. After such hearing, depending upon his finding as to whether the provisions of this chapter and the rules and regulations adopted pursuant thereto have been complied with, the Commissioner shall continue such order in effect or modify or revoke it.
If a term, part or provision, section, subdivision or paragraph of this chapter shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair or invalidate the remaining terms, parts, provisions, sections, subdivisions and paragraphs.
The Commissioner is authorized to promulgate regulations consistent with the provisions of this chapter in order to carry out the objectives of this legislation.
The provisions of this chapter are not exclusive and are in addition to and do not supersede or preempt other remedies or provisions of the City, state, or federal laws and housing codes as may apply.