Buffalo, N.Y., Code of Ordinances ch. 270 § 270-3
Service of notice; commencement of eviction proceedings (Buffalo Eviction for Illegal Drug Use Ordinance)
Operative Text
A. The following persons, corporations and agencies may serve personally upon the owner or landlord, or upon his agent, of demised real property used or occupied, in whole or in part, for the use or possession of illegal drugs a written notice requiring the owner or landlord to make an application for the removal of the person(s) so using or occupying the premises: (1) Any domestic corporation organized for the suppression of vice, subject to or which submits to visitation by the State Department of Social Services or the County Department of Social Services and possesses a certificate from such department of such fact and of conformity with regulations of the department. (2) Any duly authorized enforcement agency of the state, or of a subdivision thereof, under a duty to enforce the provisions of the Penal Law or of any state or local law, ordinance, code, rule or regulation relating to buildings. B. If the owner or landlord, or his agent, does not make such application within five days thereafter or, having made it, does not in good faith diligently prosecute it, the person, corporation or enforcement agency giving notice may bring a proceeding under this chapter for such removal as though the petitioner were the owner or landlord of the premises, and shall have precedence over any similar proceeding thereafter brought by such owner or landlord or to one theretofore brought by him and not prosecuted diligently and in good faith. Proof of the ill repute of the demised premises or of the occupants thereof or of those resorting thereto shall constitute presumptive evidence of the unlawful use of the demised premises required to be stated in the petition for removal. Both the person(s) in possession of the property and the owner or landlord shall be made respondents in the proceeding.
Buffalo, N.Y., Code of Ordinances ch. 270 § 270-3 establishes a process by which certain qualified organizations and government enforcement agencies can formally notify a property owner or landlord that someone on their property is using or possessing illegal drugs, and demand that the owner seek the tenant's removal. If the owner fails to act within five days of receiving that notice—or pursues the removal proceeding without genuine effort—the notifying party gains the legal standing to bring the eviction proceeding themselves, as if they were the landlord. The provision also specifies that evidence of a property's ill repute, or the ill repute of its occupants, can serve as presumptive evidence of unlawful use in such a proceeding. Both the occupant and the owner or landlord may be named as respondents in any resulting case.
Plain English — not legal advice.
Under Buffalo, N.Y., Code of Ordinances ch. 270 § 270-3, a compliant property owner who receives a written notice from a qualified anti-vice organization or authorized enforcement agency generally responds promptly—within the five-day window—by filing an application for removal of the identified occupant. Operators who receive such a notice and then pursue the removal proceeding do so diligently and in good faith, because a failure to act or a half-hearted effort can result in the notifying party stepping into the landlord's role and taking over the proceeding. Landlords should be aware that both they and the occupant in question can be named as respondents, meaning the owner's own conduct in the matter may come under scrutiny in the proceeding.
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. 270 § 270-3 means that a tenant can face a removal proceeding initiated not only by their landlord, but also by certain government agencies or qualified organizations if illegal drug use or possession is alleged on the premises. The provision allows evidence of a property's or occupant's ill repute to be treated as presumptive—though not conclusive—evidence of unlawful use, which is a factor tenants and their advocates may wish to examine carefully in any such proceeding. Tenants who find themselves named as respondents in a proceeding under this chapter may benefit from consulting a tenant-rights organization or legal aid service familiar with Buffalo housing law to understand available defenses and procedural rights.
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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