So much for innocent till proven guilty. If your tenant gets arrested (not necessarily convicted), you face a $5,000 fine if you don't evict them
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Landlords face fines if they don't evict drug suspects
By GENE WARNER
News Staff Reporter
5/7/2005

Landlords who tolerate drug activity in their Buffalo rental houses have a new problem to deal with: a get-tough policy city officials announced Friday.
It's a policy that could start hitting such landlords in their wallets.

From now on, when Buffalo police make an arrest for illegal drug activity at a residence, the owner will be notified by registered letter. If the owner does not take action to evict the tenants within 10 days, city officials will take the case to City Court.

And that could lead to an eviction - and a possible $5,000 fine against the owner - thanks to an anti-prostitution law from the early 20th century.

"This will force the landlord to start eviction proceedings against these individuals in a reasonable amount of time," Deputy Buffalo Police Commissioner Robert T. Chella said. "If they don't, the Housing Court has the ability to go after them."

The tougher policy was announced at a news conference Friday by top Buffalo police officials and three city judges.

Chella provided a recent example to show the need for the new program.

Less than two weeks ago, following complaints from residents of the city's First Ward and Valley areas, Buffalo police raided four houses and arrested eight people on drug charges. Neighbors even came out of their homes to applaud the arrests.

The next morning, those suspects were back in their houses.

That led to a letter from a community-based group that expressed both appreciation for the arrests and frustration over the continued drug activity.

"The Buffalo Police Department does not have the power to jail someone before a trial," Chella said. "It frustrates the community, because they think a problem is gone, once we make the arrests."

City judges helped implement the new policy, which will allow authorities to follow up on any property and its owner, while the criminal case goes through the courts.

Chief City Judge Thomas P. Amodeo, City Judge James A.W. McLeod and Housing Judge Henry J. Nowak explained that the new policy will be a collaboration of the Buffalo Police Department, the corporation counsel's office, Save Our Streets Task Force and various parts of City Court, including housing court and the special-term judge.

Those parties will rely on the Bawdy House Law that was used to close prostitution houses dating back to the early 1900s. It allows a landlord to evict a tenant involved in illegal activity; if the landlord fails to act, other parties may demand the eviction.

What's new will be the collaboration and follow-through from police and City Court officials to force the landlords to evict their drug-dealing tenants, especially when they may fear retribution from such tenants.

"I think in many instances there's a fear factor involved with many of the landlords," McLeod said. "That fear is removed with this process."