Amherst, NY Rental Property Rules: Section 8 Voucher Acceptance (2026)
Key Facts
- Exempt program
- Erie County PHA Consortium Section 8 Renters Assn.
- Exemption source
- Town Code § 44-3(B)
- Last amended
- April 5, 2021, L.L. No. 5-2021
- Other exemptions
- Owner-occupied 2 or fewer units, hotels, colleges
- Non-exempt penalty
- Up to $1,500 fine or 15 days jail
Summary
The Town of Amherst excuses landlords from its rental dwelling unit registration law for properties covered by the Erie County PHA Consortium Section 8 Renters Association, alongside a short list of other exempt property types under Chapter 44.
B. Exemptions. Exemptions. The provisions of this Chapter shall not apply to owner-occupied properties containing two or fewer dwelling units and are not short-term rentals; properties granted an exception to these provisions by a majority vote of the Town Board; properties owned by a college or university for inhabitation by administrative officers and/or faculty free of charge; properties owned by a faith-based organization for use as a living quarters by clergy free of charge; properties subject to the Erie County PHA Consortium Section 8 Renters Association; hotels; motels; properties located in MFR-4a, MFR-5, MFR-6 and MFR-7; hospitals; nursing homes; assisted living facilities; group homes or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants.
Full Breakdown
' The exemption list was amended twice, on October 26, 2020 by Local Law No. 13-2020 and April 5, 2021 by Local Law No. 5-2021. Because the exemption is tied to participation in the Erie County PHA Consortium's Section 8 Renters Association specifically, a landlord who takes a Section 8 voucher outside that particular consortium program does not automatically qualify and should confirm status with the Commissioner of Building before skipping registration.
Violations & Fines
A landlord who wrongly claims the Section 8 exemption and rents an unregistered unit is subject to the same § 44-12(B) penalty as any other unregistered rental: a fine of up to $1,500 or 15 days' imprisonment, or both, and the Commissioner of Building may still require registration if participation in the Erie County PHA Consortium program cannot be confirmed.
Frequently Asked Questions
Are Section 8 rentals exempt from Amherst's rental registration law?
Does every voucher tenant exempt a landlord from registering?
When was Amherst's rental registration exemption list last updated?
Sources & Official References
Other rules in Amherst
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Section 8 Voucher Acceptance in Nearby Cities
How other cities in Erie County handle section 8 voucher acceptance.