24-1762 : Affordable Housing Task Force October 2024 Report

This report from the Affordable Housing Task Force (AHTF), the second of two, presents policy recommendations to the Buffalo Common Council to address the city's affordable housing crisis. The report is currently TABLED by the Community Development Committee, with the next review scheduled for December 2, 2025.

Key Policy Recommendations:

• Right to Counsel for Eviction Cases: Proposes legislation for a right to legal counsel in Buffalo City Court eviction cases and a resolution for a statewide right to counsel. Nationwide, 83% of landlords are represented by attorneys compared to only 4% of tenants. Studies in other cities show significant success, with 81-88% of represented tenants avoiding eviction or involuntary moves. An annual investment of $5.7 million in Baltimore's program saved $17.5 million in related social costs.
• Land Disposition Policies: Recommends creating an interactive online map for all 7,654 city-owned vacant lots (currently only 9% are listed), increasing transparency in the purchase/lease process, and establishing a 30-day response timeline with an appeals process. It also suggests dedicating at least 5% annually of publicly owned land for equitable uses (e.g., affordable housing, community gardens) at below-market value ($1), and neighborhood-led planning to reserve a minimum of 30% of vacant land for such uses.
• Inclusionary Zoning (IZ): Advocates for a mandatory IZ law requiring developers to set aside affordable units, with quality standards matching market-rate units. This would apply to major rehabilitation projects costing $350,000 or more and vacant building conversions. The law would undergo biannual reviews and be overseen by the Zoning Board.
• "Good Cause" Tenant Protections: Recommends opting into the New York State Good Cause Eviction law, defining a "small landlord" as owning three (3) or fewer units to maximize tenant protections. Under this law, rent increases are considered unreasonable if they exceed 10% or the Consumer Price Index plus 5% (e.g., 8.45% for 2024). A dissenting opinion is included, arguing for a higher small landlord exemption.
• Affordable Homeownership: Suggests establishing clear parameters for selling city-owned property, ensuring rental properties are accessible at 50% Area Median Income (AMI) and purchase opportunities up to 300% AMI. It also calls for perpetual affordability mandates in deeds, expanded homeownership programs, and a comprehensive manual for citizens by February 2025.

Community input from 231 survey responses informed these recommendations, highlighting concerns about long-term affordability, community engagement, and stricter enforcement of building codes.