Buffalo, N.Y., Code of Ordinances ch. 264 § 264-5
Retaliation prohibited (Buffalo Rental Dwelling Unit Registration Ordinance)
Operative Text
A. A license holder may not retaliate against a current or former tenant. B. Actions constituting unlawful retaliation include, but are not limited to, eviction, increased rent or other fees, unreasonably withholding a security deposit, providing a negative landlord reference, harassment, failing to make necessary repairs, otherwise violating the right to quiet enjoyment, or any other action that is taken by the landlord in response to a lawful action taken by the tenant that touches or concerns the property at issue or the agreement between the parties and is objectively structured to punish or deter future complaints or other lawful activity. C. Actions protected against unlawful retaliation include, but are not limited to, reporting a real or perceived housing code violation or dangerous condition to the City of Buffalo, County of Erie, or State of New York; granting access to the premises to agents of the Department for the purposes of conducting an inspection; opposing an unlawful housing action; participating in adjudicative or administrative proceedings in relation to an unlawful housing action; or any other action reasonably intended to alert a public authority to a housing condition detrimental to the health and safety of its occupants. D. License holders must refrain from violating the Fair Housing Act and § 223-b of the New York Real Property Law.
Buffalo, N.Y., Code of Ordinances ch. 264 § 264-5 prohibits rental property license holders from taking adverse actions against tenants in response to tenants exercising their legal rights. The rule covers a broad range of retaliatory conduct—including eviction, rent increases, security deposit withholding, negative references, harassment, and failure to make repairs—when those actions are objectively designed to punish or discourage lawful tenant activity. Tenants are protected when they report housing code violations, cooperate with city inspections, or participate in housing-related legal or administrative proceedings.
Plain English — not legal advice.
Under Buffalo, N.Y., Code of Ordinances ch. 264 § 264-5, compliant license holders maintain a clear separation between routine property management decisions and any tenant complaints or protected activities. Operators generally document the independent, non-retaliatory business reasons behind rent adjustments, repair schedules, eviction proceedings, and reference practices so that the timing of those actions cannot be reasonably construed as punitive. License holders are also expected to remain in compliance with the Fair Housing Act and New York Real Property Law § 223-b, which provide additional anti-retaliation protections.
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 § 264-5 gives current and former tenants broad protection against adverse landlord actions taken in response to lawful activity, such as reporting a housing code violation to the City of Buffalo, County of Erie, or State of New York, or cooperating with a city inspection. If a tenant believes a landlord has retaliated—through eviction, a rent increase, a withheld security deposit, or other means—that belief may form the basis of a complaint with the City of Buffalo or a defense in a housing proceeding. Tenant-rights organizations in the Buffalo area can help individuals understand how § 264-5 and related state law protections may apply to their circumstances.
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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