Mar 12
2025
Uncertain future of Buffalo Housing Court review panel
Installation inside of Buffalo City Court. Photo by I’Jaz Ja’ciel
The judge pushing to revive a citizen advisory body for Buffalo’s beleaguered Housing Court was removed two weeks ago from his position as chief administrator for the Eighth Judicial District, leaving fair housing advocates concerned his efforts will founder.
Judge Kevin Carter since last summer had been working to reestablish the Housing Court Advisory Council, which has been inactive for more than three decades. The advisory council is a 16-member panel intended to make regular observations of Housing Court, produce annual reports and make recommendations to the judge, according to a state law written in 1978.
Carter was removed as the district’s chief administrative judge on Feb. 25 with no explanation. According to the state Office of Court Administration, he has returned to his previous duties as an Erie County Family Court judge.
Judge William Taylor of the Seventh Judicial District has been named Acting Administrative Judge of the Eighth Judicial District. A permanent successor has not been named.
Those who have pushed for the council’s reinstatement are hoping it will remain a priority to the next judge who will oversee the Eighth Judicial District. Andrea Ó Súilleabháin, executive director at Partnership for the Public Good, told Investigative Post she hoped the new administrative judge would “keep moving forward” with appointments to the council.
“Hopefully the new administrative judge will know this was required in the law,” she said.
Ó Súilleabháin’s organization met with Carter and Chief City Court Judge Jaharr Pridgen in 2023 to advocate for reestablishing the council, which Ó Súilleabháin said could help address systemic issues like housing code enforcement and landlord accountability.
“Many of our partners that work on the front lines of housing have seen that housing systems and Housing Court in Buffalo are not always solving problems in the way that they could, and so really, that’s where we hope this council would come in and be an important space for discussion,” she said.
Carter and the court system have said his plans to reinstate the advisory council will move forward, but advocates are worried.
“I’m very concerned that there may be a delay in the appointment of the advisory council, because there isn’t a person who it would seem has the power to appoint the members right now,” said Tara Melish, director of the Buffalo Human Rights Center at the University at Buffalo.
Melish, who teaches a seminar on housing law, said she was recommended for a position on the advisory council and that she discussed her candidacy with Carter after news of his departure from his removal as Eighth Judicial administrative judge had been publicized.
Melish said Carter assured her that plans to reinstate the advisory council would continue.
“He was able to confirm for me that the process would be moving forward and he confirmed that some of the underlying documents had been prepared that would speak to appointment issues,” she said.
Investigative Post called and emailed Carter, but he did not respond. A press release from the Eighth Judicial District likewise indicated the courts are moving forward with recruiting members.
“Council members will have the opportunity to propose, initiate, develop, and implement supportive policies that benefit Buffalo’s housing community and residents. The Eighth Judicial District will assure that policy initiatives are discussed with the intent of reforming and improving housing within Buffalo’s housing community, ensuring that all members contribute meaningfully to the Council’s mission,” the release said.
The current plans for an advisory council are, for the most part, in line with the 1978 legislative mandate that established Buffalo’s Housing Court and accompanying advisory council.
Sixteen members – fourteen appointed by the administrative judge – are responsible for meeting at least four times a year to “make recommendations to the Administrative Judge on matters related to the functioning of housing court, tenant-landlord disputes, and housing policy development,” according to the district’s press release.
The other two appointments come from within City Hall — one from the mayor and another from a “District City Official,” formerly the head of the city’s housing programs.
Minor amendments have been made to eligibility criteria. Members must be residents of Erie County and at least 18 years of age. Appointments must include members from the real estate industry, tenants’ organizations, civic groups, and Bar Association members, as well as four members of the public.
Melish said the council “plays a critical role in protecting tenant and landlord rights” and assuring “access to safe and affordable housing.” It can also track discrepancies in how the courts enforce housing laws, she said.
“Housing is so important to people. It’s a basic core human right that we should be protecting in the City of Buffalo, and because of that, we need regular monitoring of what is happening to people,” she said.