Buffalo Housing Court

Court Information

Hon. Patrick Carney  

Buffalo City Court Judge, Housing Part
Honorable Patrick M. Carney
Acting Erie County Court Judge
 

Buffalo City Court Building
50 Delaware Avenue - 7th floor
Buffalo, NY 14202

Part Information

Housing Part
7th floor - Part 17

Landlord and Tenant
7th floor - Part 15

Phone: 716-845-2642
Fax: 716-845-7579

Welcome

Welcome to the website of the Housing Part of Buffalo City Court, which is also known as Buffalo Housing Court. The Hon. Patrick J. Carney has presided over this Court since 2011. The Housing Part is comprised of court attorneys, clerks, court officers, various external legal organizations.  The Housing Part of Buffalo City Court is exclusively devoted to actions and proceedings involving the enforcement of all housing codes, pertaining to real property situated within the City of Buffalo. The Housing Court hears thousands of cases each year, and the Court is dedicated to providing excellence, efficiency, empathy when serving the public, so that every landlord and every tenant is treated with justice and fairness. 

Court Hours of Operation

Housing Court: Monday through Friday:  9:00 am – 5:00 pm
Landlord and Tenant: Monday through Thursday: Morning and Afternoon, 
Friday: Mornings Only
HUB: Tuesday, Wednesday, Thursday: Afternoons Only  

Court Accessibility – Americans with Disability Act (ADA)

The New York State Unified Court System is committed to fully complying with the Americans with Disabilities Act by providing services, programs and activities in a way that assures equal and full accessibility for all court users.

ADA Information for: Buffalo City Court

In General

The Housing Court is empowered to preside over:
•    Actions for violations of state and local housing maintenance codes.
•    Actions for collection of costs, expenses, and disbursements incurred by the City of Buffalo in the elimination or correction of a nuisance or other violations of any of the housing codes, including removal and demolition of any dwelling.
•    Actions and Proceedings for enforcement or foreclosure of liens upon real property and upon the rents for civil penalties, or for costs, expenses, and disbursements incurred by the City of Buffalo in the elimination or correction of a nuisance or other violations of any of the housing codes, including removal and demolition of any building.
•    All summary proceedings to recover possession of residential premises to remove tenants; to render judgment for rent due; stay of proceedings or action by the tenant for rent upon failure of the landlord to make repairs; in multiple dwellings for rent abatement in certain violations of the housing code; and landlord’s duty to maintain habitable premises. 
•    Proceedings for the appointment of a receiver of rents, issues and profits of buildings to remove or remedy a nuisance or to make repairs required to be made under the housing codes.
•    Actions and Proceedings for the removal of housing violations or for the stay of any penalty imposed
•    Special Proceedings to vest title in the City of Buffalo to abandoned multiple dwellings and one and two-unit structures. 

Landlord and Tenant Proceedings

Landlord and Tenant proceedings deal exclusively with nonpayment proceedings and holdover proceedings within the City of Buffalo jurisdictional limits. Cases usually begin with Alternative Dispute Resolution overseen by Court Attorneys. The Petitioner and Respondent(s) may enter into a mutual agreement either orally on the record or by a written stipulation agreement. Many cases are resolved by this method. When the parties cannot reach an agreement, a hearing will be scheduled before the judge or a hearing officer.

Erie County Housing Court (HUB Court)

December 2021, Buffalo Housing Court saw the introduction of the Erie County Landlord-Tenant HUB Court. The HUB Court combines Erie County’s 25 town courts and 11 village courts in one place. Petitions filed for nonpayment proceedings and holdover proceedings in the town and village courts of Erie County are transferred from the town and village courts to the HUB Court, located in Buffalo Housing Court. It is a virtual court, whereby the litigants appear remotely.  However, a small number of litigants prefer to be physically present.  The cases are handled in the same manner as Landlord and Tenant proceedings.

Access to Legal Services

Eligible Respondents at no cost may be entitled to legal representation. These legal providers include Neighborhood Legal Services (NLS), Center for Elder Law and Justice (CELJ), Legal Aid Bureau (LAB), Volunteers Lawyers Project, Inc (VLP), and Western New York Law Center (WNYLC).  

Language Interpreters

The court system provides foreign language interpreters and sign interpreters for non-English speaking persons and those who are hearing impaired, free of charge, to ensure that parties can clearly understand proceedings and are able to effectively participate in court programs and services.

To provide interpreters when and where they are needed, it is important that the request for an interpreter be communicated to the court as early as possible. A litigant or his/her attorney may notify the Buffalo City Court Chief Clerk's office of the need for an interpreter, and the specific language or dialect being requested. Advance notice of the need for language services will help to prevent delays.

Buffalo City Court Chief Clerk Office
(716) 845-2689

Nursing/Lactation Room

To accommodate breastfeeding mothers, a private room, shielded from view, and free from public intrusion is located on the 7th floor.

Fees

Applicable in City Only:
    Summary Proceeding/Eviction Petition   $45.00

Marshals of City Court of Buffalo 
5(1st floor) 
Hours: 9:00 am – 4:00 pm
Telephone: (716) 847-8430
Fax: (716) 847-8434

Fees:
Service of Petition and Notice of Petition    $ 60.00
Each additional person                                $ 20.00
    Service of 14-day Notice                         $ 60.00
    Warrant of Eviction (up to 2 people)      $150.00
    Each additional person (over 2 people)  $ 20.00 

8th Judicial District Court Help Center  

8th Judicial District Court Help Center  
 

Buffalo Housing Court Act

Buffalo Housing Court Act