Buffalo, NY Rental Property Rules: Section 8 Voucher Acceptance (2026)
Key Facts
- Section 8 protection
- Explicitly named in the definition of lawful source of income (§ 154-13)
- Prohibited acts
- Refusing to rent, discriminating in terms/conditions, publishing discriminatory ads
- Fine: first violation
- Up to $2,500
- Fine: subsequent
- Up to $5,000 per violation
- Small landlord exemption
- Owner-occupied buildings with ≤3 independent households
Summary
Buffalo's Fair Housing Ordinance explicitly lists Section 8 vouchers as a protected lawful source of income; landlords may not refuse to rent to Housing Choice Voucher holders or discriminate against them in any terms or conditions of housing.
§ 154-13. SOURCE OF INCOME: The term 'lawful source of income' shall include, but not be limited to, child support, alimony, foster care subsidies, income derived from social security, or any form of federal, state, or local public assistance or housing assistance, including, but not limited to, Section 8 vouchers, or any other form of housing assistance or credit whether or not such income or credit is paid or attributed directly to a landlord, and any other forms of lawful income. § 154-17(A). It shall be unlawful for any person or entity engaged in the sale or rental of housing to... Refuse to sell, rent, lease, make unavailable for inspection, sale or rental, or otherwise to deny or withhold from any person or persons housing because of... military status or source of income.
Full Breakdown
Buffalo City Code § 154-13 defines 'lawful source of income' to include 'Section 8 vouchers, or any other form of housing assistance or credit whether or not such income or credit is paid or attributed directly to a landlord.' Under § 154-17, it is unlawful to refuse to sell, rent, or lease housing, or to discriminate in the terms and conditions of housing, based on this source of income. The protections apply to all housing in the city except owner-occupied buildings with up to three independent households and a few other narrow exemptions.
Violations & Fines
Civil penalties up to $2,500 for a first violation and up to $5,000 per subsequent violation; possible license or permit revocation; private civil action for injunctive relief and damages also available to the tenant.
Frequently Asked Questions
Can a Buffalo landlord advertise 'no Section 8'?
Does the ordinance require a landlord to wait for the housing authority inspection before starting a tenancy?
What is the complaint process for a Section 8 holder who was denied housing?
Sources & Official References
Other rules in Buffalo
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