Community Groups Will Appeal Court's Decision on PRI Lawsuit

Date: January 13, 2025
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In July 2024, several community organizations—PPG, Housing Opportunities Made Equal, People United for Sustainable Housing, and Center for Elder Law and Justice—and four individual Buffalo residents sued the City of Buffalo for its failure to implement the city's Proactive Rental Inspection (PRI) law. You can read our legal arguments and our expert testimony here. 

The city asked the court to dismiss the case, and on January 10, 2025, the judge dismissed it. Here is our statement to the press regarding the dismissal of the case.

The City of Buffalo has abdicated its responsibility to inspect some 36,000 rental units, many of which are in terrible condition, with leaking roofs, collapsing ceilings, and chipping lead paint. The City allows these units to be rented by families with small children who are vulnerable to being poisoned by lead and harmed by other poor housing conditions. Now, the Court has abdicated its responsibility to enforce the law.

The biggest harm is to the 22,000 children in the City of Buffalo aged five and under, many of whom live in rental housing contaminated by lead paint. These children will continue to be poisoned by lead at rates that surpass many large or mid-sized cities in the nation, including Flint, Michigan. 

In this lawsuit, tenants describe living with leaking roofs, collapsing ceilings, mold, broken windows, rotting floors, and exterior doors that do not lock. Their children and grandchildren have lead poisoning, asthma, persistent headaches and nosebleeds, and more. Their families suffer, as these conditions severely impact their mental health. Not only has the City failed to perform its mandatory duties to implement the PRI Law, its abandonment of its legal obligations allows this ongoing disaster to continue.

The Judge’s decision did not say that the City is adequately implementing this law; instead, he deferred to the City and the Commissioner’s discretion, in a narrow interpretation of the Court’s authority. This permits the City to continue to allow properties to be rented without inspection in direct violation of the law. At the current rate, it will take 27 years to complete the basic safety checks that are supposed to happen before the properties can be rented. This is outrageous.

To protect renters in Buffalo, we will appeal this decision. Together with our partners, we will continue to advocate to compel the City to follow its own law and enforce its health and safety codes in our rental housing stock.