Buffalo, N.Y., Code of Ordinances ch. 264 § 264-11
Appeals (Buffalo Rental Dwelling Unit Registration Ordinance)
Operative Text
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at which time the petitioner shall be given an opportunity to show why such notice or order should be modified or withdrawn.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 § 264-11A , 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 license 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when such notice or order has been sustained by the Commissioner, such suspended permit shall be deemed to have been revoked.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.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-11 establishes a formal appeals process for anyone negatively affected by a notice or order issued under Chapter 264. A written petition must be filed within 10 days of the notice or order, and a hearing before the Commissioner must begin within 10 calendar days of the petition's receipt. The Commissioner can sustain, modify, or withdraw the original notice or order, and any party dissatisfied with that decision may further appeal to a court of competent jurisdiction. In genuine emergencies, the Commissioner may issue an immediately effective order without prior notice, though the affected party retains the right to a hearing afterward.
Plain English — not legal advice.
Property owners and managers subject to a notice or order under ch. 264 § 264-11 generally act promptly by submitting a written petition to the Commissioner's office within the 10-day filing window, clearly stating the grounds for the appeal. Compliant operators keep records of all notices, orders, and correspondence, since hearing proceedings and decisions become part of the public record in the Commissioner's office. If a license suspension is at issue, operators are aware that a sustained order at the hearing level converts the suspension into a revocation, making timely and well-documented appeals especially important.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants adversely affected by any notice or order issued under ch. 264 § 264-11 have a right to request a hearing before the Commissioner by filing a written petition within 10 days of the order's issuance. At the hearing, tenants have the opportunity to present reasons why the notice or order should be changed or withdrawn, and the Commissioner's written decision becomes part of the public record. If the Commissioner's decision is unfavorable, § 264-11C preserves the right to appeal to a court of competent jurisdiction; tenant-rights organizations in Buffalo can help explain what that process generally involves.
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.
Effective Timeline
References In
Rules and statutes that cite this regulation