Want to skip straight to checking your own building? Use the RentCheckMe address checker.
Buffalo is New York's second-largest city, home to roughly 276,000 residents in Erie County. With a renter population estimated at over 55% of households, tenant rights are a central concern for a large share of Buffalo residents. The city's rental market includes a mix of older multi-family housing, single-family rentals, and an active student rental sector near the University at Buffalo and Buffalo State College.
Buffalo renters are governed primarily by New York State landlord-tenant law, including the Real Property Law (RPL), the Real Property Actions and Proceedings Law (RPAPL), and significant protections added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA). These laws set standards for security deposits, habitability, notice periods, and eviction procedures that apply uniformly across the state, including in Buffalo and Erie County.
This article is intended for informational purposes only and does not constitute legal advice. Laws can change, and your specific situation may require the guidance of a licensed attorney or qualified legal aid organization.
Buffalo has no rent control or rent stabilization ordinance. New York State's Rent Stabilization Law and Emergency Tenant Protection Act apply only to localities that have declared a housing emergency and formally opted in — a process that has historically been used in New York City and certain municipalities in Nassau, Rockland, and Westchester counties. Buffalo and Erie County have not adopted these measures, and no local rent control law is in effect.
In practice, this means that in Buffalo a landlord may increase rent by any amount between lease terms, provided proper advance notice is given. For month-to-month or lease-renewal situations, the 2019 HSTPA (Chapter 36 of the Laws of 2019) requires landlords to provide advance written notice of any rent increase of 5% or more, or a non-renewal, using the same notice periods that apply to termination: 30 days for tenancies under one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two years or more (NY Real Property Law § 226-c). However, there is no cap on how much rent can be raised. Renters should carefully review lease terms and negotiate increases before signing any renewal agreement.
New York State provides robust baseline protections for all renters, including those in Buffalo. The following major protections apply under state law:
Warranty of Habitability (NY Real Property Law § 235-b): Every residential lease in New York includes an implied warranty of habitability. Landlords must maintain rental units in a condition fit for human habitation, free from conditions dangerous to life, health, or safety. This includes adequate heat, hot water, structurally sound premises, and freedom from vermin infestation. Tenants may seek rent abatement or withhold rent (by paying into court escrow) if this warranty is breached.
Security Deposit Limits and Rules (NY General Obligations Law § 7-108): As of June 14, 2019, landlords may collect a maximum security deposit equal to one month's rent for most residential tenancies. Deposits must be held in a separate account, and if the building has six or more units, the deposit must be held in an interest-bearing account with interest paid to the tenant annually. The landlord must return the deposit — along with an itemized statement of any deductions — within 14 days after the tenant vacates and surrenders possession.
Notice Requirements for Termination (NY Real Property Law § 226-c): Under the HSTPA, landlords must provide written advance notice before terminating a tenancy or refusing to renew a lease: 30 days for tenancies of less than one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two years or more. The notice must state the specific reason for termination.
Just Cause for Non-Renewal (NY Real Property Law § 226-c): The HSTPA introduced just-cause protections for many tenants. A landlord who refuses to renew a lease must state a legally sufficient reason, such as non-payment of rent, material breach of lease, nuisance, or owner occupancy. Tenants who receive a notice without a lawful basis may challenge it in Housing Court.
Anti-Retaliation Protection (NY Real Property Law § 223-b): A landlord may not terminate a tenancy, refuse to renew a lease, raise rent, or reduce services in retaliation for a tenant complaining to a government agency about housing conditions, organizing with other tenants, or exercising any right granted by law. If a landlord takes such action within one year of a protected activity, there is a rebuttable presumption of retaliation. Tenants may recover actual damages, punitive damages up to $2,000, and attorney's fees.
Prohibition on Lockouts and Utility Shutoffs (NY Real Property Actions and Proceedings Law § 853; NY Real Property Law § 235): Self-help eviction is illegal in New York. A landlord may not remove a tenant by changing locks, removing doors or windows, or shutting off essential utilities (heat, hot water, electricity) outside of a court order. Tenants subjected to an illegal lockout may seek a court order of restoration, and may be entitled to treble damages under RPAPL § 853.
Rent Receipt Requirement (NY Real Property Law § 235-e): Landlords must provide a written receipt for any rent paid in cash. If rent is paid by personal check, the landlord must provide a receipt upon request. Failure to provide receipts can support a tenant's defense in eviction proceedings.
Under the Housing Stability and Tenant Protection Act of 2019 and New York General Obligations Law § 7-108, Buffalo landlords are limited to collecting a security deposit equal to no more than one month's rent for most residential tenancies. This cap applies regardless of the tenant's creditworthiness or the length of the lease.
The landlord must hold the deposit in a separate bank account, and for buildings with six or more units, it must be an interest-bearing account. Tenants in qualifying buildings are entitled to annual interest payments (or a credit toward rent), minus a 1% administrative fee the landlord may retain.
After a tenancy ends and the tenant vacates and surrenders possession, the landlord has 14 days to return the security deposit along with an itemized written statement of any deductions. Allowable deductions are limited to: unpaid rent, damage beyond normal wear and tear, and other specific costs permitted by the lease. If the landlord fails to return the deposit or provide the itemized statement within 14 days, the landlord forfeits the right to retain any portion of the deposit — meaning the entire deposit must be returned even if legitimate damage exists (NY General Obligations Law § 7-108(e)).
Tenants should document the condition of the unit at move-in and move-out with dated photographs and written records to protect against improper deduction claims.
New York has one of the most tenant-protective eviction processes in the country. Buffalo landlords must follow the procedure set out in the Real Property Actions and Proceedings Law (RPAPL) and may not use self-help to remove a tenant.
Step 1 — Notice to the Tenant: Before filing in court, the landlord must serve an appropriate written notice depending on the reason for eviction:
Step 2 — Petition Filed in Housing Court: If the tenant does not pay, cure the violation, or vacate, the landlord may file a Summary Proceeding in Erie County Housing Court (City Court of Buffalo). The tenant is served with a Notice of Petition and Petition. Filing fees and service of process must comply with RPAPL §§ 731–735.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to raise defenses including habitability, retaliation, improper notice, and payment. Tenants may be represented by an attorney; those who cannot afford one should contact the Legal Aid Bureau of Buffalo. Under the Buffalo Right to Counsel initiative and state law, low-income tenants in Housing Court may be eligible for free representation.
Step 4 — Judgment and Warrant of Eviction: If the landlord prevails, the court issues a Judgment of Possession and, after a stay period, a Warrant of Eviction. Only a New York City Marshal or, in Buffalo, the Erie County Sheriff or a City of Buffalo marshal may execute a Warrant of Eviction by physically removing the tenant and belongings.
Self-Help Eviction is Illegal: A landlord may never change the locks, remove the tenant's belongings, shut off utilities, or otherwise forcibly remove a tenant without a court-issued Warrant of Eviction. Doing so constitutes an illegal lockout under RPAPL § 853 and NY Real Property Law § 235. A tenant subjected to an illegal lockout may seek emergency restoration in Housing Court and may be entitled to treble (triple) damages.
This article is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws are complex and fact-specific; the information here may not reflect the most current legal developments, local court interpretations, or changes to state or local statutes. Renters with specific legal questions or concerns should consult a licensed New York attorney or contact a qualified legal aid organization in Erie County. RentCheckMe makes no warranties regarding the accuracy or completeness of this information and is not responsible for any actions taken in reliance upon it.
Find out if your home is covered by rent control or tenant protections.
Use the Address Checker →We'll email you if the rent cap, coverage rules, or tenant protections change — no spam, unsubscribe any time.