Buffalo Landlord Sentenced for Public Health Violations

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Courtroom gavel. FILE PHOTO: REUTERS/Andrew Kelly/Illustration

BUFFALO, NY – A Buffalo landlord has been sentenced after violating public health laws.

According to Erie County District Attorney John J. Flynn, 54-year-old MD J. Abedin of Buffalo was sentenced before Buffalo City Court Judge Shannon M. Heneghan to a one-year conditional discharge.

“As part of his sentence, the defendant was ordered to keep his rental properties compliant with health department orders and perform 100 hours community service,” Flynn said. “The defendant admitted to failing to comply with public health law by continuing to allow tenants to occupy his property, located at 72 Hammerschmidt Avenue in the City of Buffalo, knowingly in violation of an order issued by the Erie County Department of Health. Between July 12, 2019 and November 30, 2021, the defendant rented his residential property despite an order that suspended the occupation of the property due to unsafe levels of lead. “

According to public health officials, on July 3, 2019, the Erie County Health Department was notified about a child with an elevated blood lead level who resided at the Hammerschmidt Avenue address. On July 11, 2019, a public health sanitarian inspected the residence and attempted to work with the landlord to correct the lead-related violations.

“Due to the property not being in full compliance with the law, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted on the unoccupied residence on October 22, 2020, indicating that the property must remain vacant until re-inspected and approved for occupancy by the Erie County Department of Health,” Flynn stated in a report today.

  • On November 6, 2020, a public health sanitarian returned to the residence and reported that the “Do Not Occupy” notice had been removed from the front door. The house was found to be occupied. The sanitarian re-posted the notice on the house.
  • On December 18, 2020, a public health sanitarian returned to the residence and observed that the “Do Not Occupy” notice had been removed from the front door a second time. The house was found to be occupied. The sanitarian re-posted the notice on the house again.
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