Housing

Housing Rights

The Housing and Tenant Rights Unit specializes in providing legal support to residents of Western New York, navigating issues ranging from unsafe living conditions and landlord-tenant disputes to eviction prevention and housing discrimination. We ensure that all individuals have access to safe, affordable housing and support them in asserting their rights effectively.

Unsafe Living Conditions

Housing in Western New York is old and, in many municipalities, badly neglected. Tenants and homeowners struggle to balance affordability and safety. Many clients do not know the rights they have to safe and habitable housing. We represent qualifying homeowners facing code violation actions and assist them to get the financial help they need to address all health and safety concerns.

Landlord/Tenant Issues

These cases are a major concern when attempting to provide stability for indigent families. Underemployment, sub-standard housing stock and absentee landlords complicate housing choices. Many tenants do not know legal defenses they may have. Tenants in town and village courts often proceed without legal representation during eviction proceedings. Landlords are often living below the self-support reserve as well. Many are elderly, retired, widowed, and renting to tenants without knowing how to protect themselves. We can aid in your housing matters – whether it’s legal representation, assisting you with finding new housing, or just answering basic questions on landlord/tenant matters.

WESTERN NEW YORK EVICTION PREVENTION PROJECT

The WNY Eviction Prevention Project (WNY-EPP) is a collaboration among:

Legal Aid Bureau of Buffalo
Neighborhood Legal Services
Center for Elder Law and Justice
ECBA Volunteer Lawyers Project
University at Buffalo School of Law Clinical Legal Education program
VIA 211 WNY
Western New York Law Center

The Western New York Eviction Prevention Project (WNY-EPP) provides FREE eviction defense and advocacy to all income eligible tenants facing homelessness because of eviction in Erie, Niagara, Wyoming, Orleans, and Genesee counties.

Tenants within the city of Buffalo may apply for representation at their first court appearance in Buffalo City Court.

Tenants who have received eviction notices or who are scheduled for an eviction in court may apply for legal services by WNY-EPP Hotline at (844) 230-7376 or by applying for assistance online by clicking here.

Mortgage Foreclosure

Inflation, higher interest rates, and the lingering effects of COVID-19 have all had an impact on homeowner’s ability to keep up with the mortgage payments. Stable housing is imperative for both individual families and for the health of communities as a whole. We can assist homeowners who are behind on their mortgages through full representation in court, advice and counsel, or connecting homeowners to non-legal partners.

FORECLOSURE PREVENTION PROJECT

The Foreclosure Prevention Project (FPP) is a collaboration among:
Legal Aid Bureau of Buffalo
Center for Elder Law and Justice
Western New York Law Center

FPP provides FREE mortgage foreclosure defense and advocacy to all eligible homeowners in Erie, Niagara, Wyoming, Orleans, and Genesee counties.

Tax Foreclosure

The City of Buffalo holds an annual tax foreclosure sale for homes with outstanding taxes, user fees or water bills. This process targets the poorest homeowners in our community. We can assist qualifying homeowners in Buffalo to avoid foreclosure.

Housing Discrimination

The Buffalo-Niagara region is the 6th most segregated metropolitan area in the nation. Many home seekers searching for housing can face many barriers based on a myriad of factors. We can assist victims of housing discrimination find justice.

If you need assistance, apply to find out if you qualify for our services at labbuffalo.org.

Unless otherwise indicated, our services are available to qualifying individuals in the Eighth Judicial District, which includes the counties of Erie, Niagara, Genesee, Allegany, Wyoming, Chautauqua, Orleans, and Cattaraugus

Units Responsible For Housing Legal Services

Civil Legal Services
The Civil Legal Services department provides free legal support for housing, consumer rights, employment, and family law matters.

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Are there circumstances where a tenant may still be evicted if the warrant was issued even with this new legislation?

Yes, there are some.
If the tenant doesn’t return the hardship declaration even after it was properly served, then the warrant can go forward.
If the court found that the tenant was persistently and unreasonably engaging in behavior that is infringing on other tenants’ rights or causes substantial safety hazards to others.
- Note: if this is the case, the court will have a hearing to determine whether or not the tenant has continued to engage in unlawful behavior.
  - If the landlord fails to prove that the tenant is engaging in such unlawful behavior, the warrant can be stayed until May 1, 2021.

Do I still need to pay rent?

Yes. The legislation did not provide for a rent freeze or forgiveness.

The Governor did not stop rent payments. If you do not pay your rent, you are at risk of being evicted once the moratorium ends for all of the months that you did not pay. Communicate with your landlord about your own situation. It may be helpful to work out an arrangement.

I am a homeowner and have fallen behind on my mortgage – will I be foreclosed on?

Similar to evictions, mortgage and tax foreclosure proceedings have been put on hold until May 1, 2021.
Homeowners or a landlord who owns smaller than 10 residential properties must file a hardship declaration with their mortgage lender or any other foreclosing party to prevent the foreclosure.
Local governments cannot engage in tax foreclosure sales until at least May 1, 2021.
A copy of the hardship declaration specific to homeowners can be found here: https://www.tax.ny.gov/pdf/current_forms/orpts/rp1102ds_fill_in.pdf

I am a tenant living in a house and I have concerns about the roof. What should I do?

If you are in the City of Buffalo, you can still call 311 and report code violations.
If you are outside of the City of Buffalo, you can contact your local jurisdiction’s code enforcement office.

I have a court case in Buffalo City Housing Court that was scheduled at the end of April, do I need to go to court?

On April 15, 2020, the Hon. Paula Feroleto, Administrative Judge of the Eighth Judicial District, stated that for defendants not in custody, all non-essential matters are adjourned to a date on or after May 30, 2020.
- It is unknown if the date will be pushed out even farther due to ongoing public health concerns.
If you are a current housing court client, please contact the housing unit at 716-853-9555 ext. 453 for any questions or concerns.
- Once we have a new court date, we will be contacting our current clients.

I live in a public housing complex and I cannot pay my portion of rent. I am afraid I will be evicted from my unit. What can I do?

On March 27, 2020, the federal government enacted the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). This gives qualified units a 120-day moratorium (or freeze) on evictions due to non-payment. This means that you cannot be evicted until the moratorium lifts on July 24, 2020.

Any fees or penalties related to the non-payment of rent will also be halted.
A tenant and family must repay any unpaid rent after the moratorium has been lifted.
Please note that if you had a pending eviction prior to March 27, 2020, then once the courts re-open, you can be evicted prior to July 24, 2020.

I own my house and my water was shut off due to non-payment. What can I do?

If you live in the City of Buffalo, the Buffalo Water will turn your water back on. You must call #716-847-1065.
If you live outside of the City of Buffalo, the Erie County Water Authority is also proactively restoring water and you can call them at #716-849-8444.

My landlord threatened to change my locks, what should I do?

A landlord cannot change your locks without proper court intervention. This is called a constructive eviction or an illegal lockout. If this happens, please contact the Legal Aid Housing Unit at 716-853-9555 x. 453 for immediate assistance. If you are locked out, you can all call the police.

What happens if I had an eviction court date but a warrant of eviction was not issued?

If tenant can prove and submit a hardship declaration, it must be given to the landlord or landlord’s agent promptly. The landlord or landlord’s agent must submit the signed hardship declaration to the court with the case number (index number) on it.
The tenant may also directly submit the hardship declaration to the court with the case number (index number) on it.
If this is properly done, the court will stay the eviction until May 1, 2021.

What happens if I had eviction court and a warrant of eviction was issued but not executed (or enforced by the Marshal/Sheriff’s office)?

The court shall stay the execution of the warrant until the court is able to have a status conference.
If the tenant provides a hardship declaration, the execution of the warrant will be stayed until May 1, 2021.
If the tenant provides the hardship to the landlord or landlord’s agent, the landlord or agent must submit the signed hardship declaration to the court with the case number (index number) on it.

What if I did not show up to court?

If the court issued a default judgment against a tenant, it will automatically be removed and the matter will be restored on the court calendar upon the tenant’s written or verbal request.

What if I had a pending eviction court date?

Any eviction proceedings, filed from before March 7, 2020 or commenced by January 27, 2021, will be automatically stayed (postponed) for at least sixty (60) days so that tenants can submit the hardship declaration.