Buffalo, N.Y., Code of Ordinances ch. 261 § 261-10
Follow-up related to renovation (Buffalo Lead Based Paint Hazard Reduction Ordinance)
Operative Text
A. Pursuant to § 261-2C , a property owner has a duty to correct any identified or potential lead hazards located on or within any property through the use of lead-safe work practices. When lead hazards or potential lead hazards are identified by the Commissioner or his designee, the Commissioner shall maintain the right to require the submission of materials related to the containment of these lead hazards through the submission of affidavits or documents related to remediation work. At the discretion of the Commissioner, these documents may be requested at any point in time, including prior to work being performed and after the completion of such work. B. Owners engaged substantial renovation of any property must submit a third party lead dust wipe and clearance exam as a condition of permit obtained for the performance of such renovation. C. The issuance of a certification by the Commissioner to an owner that a lead-based paint hazard has been remediated or no lead-based paint hazards exist does not subject the Commissioner or City of Buffalo to any claims for liability if the issuance of the statement was made in good faith.
Buffalo, N.Y., Code of Ordinances ch. 261 § 261-10 establishes that property owners bear a continuing duty to address identified or potential lead hazards using lead-safe work practices. The Commissioner of the relevant city department retains authority to request affidavits and remediation documents at any stage—before, during, or after renovation work. When substantial renovation is involved, a third-party lead dust wipe and clearance examination is required as a condition of obtaining the renovation permit, and any good-faith certification issued by the Commissioner does not create city liability.
Plain English — not legal advice.
Under ch. 261 § 261-10, compliant property owners in Buffalo generally arrange for lead-safe work practices whenever lead or potential lead hazards are present, and they keep remediation documentation readily available for submission to the Commissioner on request. When pulling a permit for substantial renovation, operators typically commission a qualified third-party inspector to conduct a lead dust wipe and clearance exam before the permit process is complete. Maintaining organized records of all remediation work, affidavits, and clearance results supports a property owner's ability to respond promptly if the Commissioner requests materials at any point in the process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 261-10 of Buffalo's Code of Ordinances gives tenants a basis to understand that their landlord is legally obligated to address lead hazards and to use lead-safe work practices during renovation. If a substantial renovation is underway, the law requires the property owner to obtain a third-party lead dust wipe and clearance exam as part of the permitting process, which is a safeguard tenants can inquire about. Tenants who believe lead hazards have not been properly addressed may consider contacting the Buffalo Commissioner's office to report concerns, consulting a local tenant-rights organization, or raising the landlord's obligations under ch. 261 § 261-10 as part of any relevant housing complaint.
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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Rules and statutes that cite this regulation