The Buffalo City Housing Court Advisory Council, a body mandated by state law but inactive for over three decades, has been reconstituted to monitor and advise the city’s housing court. However, its first public hearing revealed significant concerns about its effectiveness and the
More than 20 attendees, including public housing tenants and property managers, shared their experiences and questions during the hearing. The council’s advisory role, lack of enforcement power, and composition were among the key issues raised.
Criticisms of Housing Court Performance
Erie County Clerk Michael Kearns criticized the Housing Court for its slow pace and perceived bias in favor of landlords. He suggested adopting policies from former Housing Court Judge Henry Nowak, including fines and imprisonment for negligent property owners. ‘These are criminal acts,’ Kearns emphasized.
Sarah Wooton, director of community research at the Partnership for the Public Good, proposed several recommendations based on a 2026 report. These included simplifying warranty of habitability cases for tenants and implementing a ‘clean hands eviction’ rule, similar to Cleveland’s, which requires landlords to have a clean record of zero code violations to evict tenants.
Concerns About Council’s Effectiveness
Several attendees questioned the council’s ability to make a meaningful impact given its strictly advisory role. Tracy McCloud, a resident of the Buffalo Municipal Housing Authority’s Kenfield Homes development, expressed frustration with her stalled Housing Court case. ‘It’s like fighting Goliath,’ she said.
Social worker Karra Barrett inquired about the council’s private meetings, stating, ‘I would like to understand why meetings are not held in public.’ Attorney Tara Melish, the council’s chair, acknowledged the panel’s limitations, noting they are unpaid volunteers without funding or administrative support.
Composition and Representation Issues
Attendees raised concerns about the council’s composition, with former Erie County Legislator Betty Jean Grant commenting that it seemed ‘from the 1950s.’ Only one member, Paul Pérez of the Buffalo Urban League, is a person of color. McCloud suggested including residents from the Buffalo Municipal Housing Authority (BMHA) to better represent the community.
John Washington, an organizer with the Buffalo chapter of the Tenants Union Federation, questioned the council’s power to hold judges accountable. The panel confirmed that only the state courts system can appoint members to the council.
The advisory panel is required to submit a report to various authorities by January 31. Recent reporting by Investigative Post has highlighted the shortcomings of the Housing Court and the city’s efforts to enforce building codes, including cases involving Buff Real LLC, Andre Foster, and Joseph V. Parlato.
