Buffalo, N.Y., Code of Ordinances ch. 242 § 242-18
Surplus funds (Buffalo Housing Standards Ordinance)
Operative Text
A. Any surplus funds that remain after the foreclosure and auction of a property due to unpaid judgments pursuant to this section shall be made available to the former fee owner of such property upon application to the City Department of Tax and Assessment in a manner prescribed by the Department. B. Any surplus funds that remain after the foreclosure and auction of a property due to unpaid City tax obligations in addition to unpaid judgments pursuant to this section shall be made available to the former fee owner in an amount equal to the surplus funds multiplied by the ratio of unpaid judgments to the total amount of debt owed to the City. C. "Surplus funds" for the purpose of this section shall mean the balance of money received after auction of a property at a tax foreclosure less the sum of unpaid tax obligations, unpaid judgments for code violations, and the costs and attorneys' fees incurred by the City.
Buffalo, N.Y., Code of Ordinances ch. 242 § 242-18 governs what happens to money left over after a property is sold at a tax foreclosure auction. 'Surplus funds' are defined as the auction proceeds minus unpaid taxes, unpaid code-violation judgments, and the City's costs and attorneys' fees. If any balance remains, the former property owner may be entitled to receive some or all of it, depending on whether the foreclosure involved only unpaid judgments, or a combination of unpaid taxes and unpaid judgments.
Plain English — not legal advice.
Property owners subject to tax foreclosure proceedings under ch. 242 § 242-18 should be aware that any auction proceeds exceeding the total debt owed to the City—including taxes, code-violation judgments, and City costs—may be recoverable. When both unpaid taxes and unpaid judgments are involved, the recoverable share is calculated proportionally based on the ratio of unpaid judgments to total City debt. Operators who want to pursue surplus funds must submit an application to the Buffalo Department of Tax and Assessment in the manner that Department prescribes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While ch. 242 § 242-18 primarily addresses the rights of former property owners after a tax foreclosure auction, tenants living in a property that has gone through this process may want to understand how ownership and financial obligations are being resolved. Knowing whether surplus funds exist and how they are distributed can provide context about the financial history of a property. Tenant-rights organizations in Buffalo can help renters understand how a tax foreclosure and its aftermath may affect their housing situation.
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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