More delays in creating Buffalo Housing Court panel

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Plans to reinstate the Buffalo Housing Court Advisory Council — which, despite being written into law, has been inactive for over three decades — seem to have stalled yet again. 

The state judicial system says not enough people have shown interest in joining the council, which is intended to monitor Housing Court, make recommendations to the judge, hold quarterly meetings and produce annual reports. 

Meanwhile, community members say the courts have done a poor job of advertising the search for applicants.

“It shouldn’t be shocking that you don’t get a lot of applicants if you don’t actually make the position known, and especially if you have specific positions that need to be filled,” said Tara Melish, director of the Buffalo Human Rights Center at the University at Buffalo. 

“You need to target those particular positions directly to relevant groups, and that hasn’t been done by the court administration.” 

After reporting by Investigative Post, then Eighth Judicial Administrative Judge Kevin Carter — who would have been responsible for appointing 12 of the council’s 14 members — told Investigative Post last August that the court system was working to reactivate the advisory council.

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The council was written into a measure that created Housing Court in 1978. It was active for about a decade before disbanding in the early to mid 1990s.

Carter returned to Family Court in March after he was unexpectedly removed from his position in the Eighth Judicial District. Investigative Post reached out via phone and email to his successor Judge Amy Martoche, who declined to speak.

A spokesperson for the state Office of Court Administration said in a statement via email that the courts issued press releases in February and April seeking panelists. Officials say that despite their solicitations, they’ve only received 10 applications.

“We are working vigorously, in conjunction with our government partners, to fill the mandated 12 seats with candidates whose qualifications and experience closely align with the Advisory Council’s important mission,” the administration’s statement read.

The latest release, sent out July 16, encourages interested applicants to send resumes and letters of qualification to the courts by Oct. 14. The original deadline was March 31, but in April that deadline was extended to June 3. Applicants can submit materials via email to BuffaloCityHousingCouncil@nycourts.gov.

Melish told Investigative Post that she applied to serve on the advisory council after discussing the prospect with Carter in March. She said she hasn’t received any correspondence about her application since a confirmation of receipt in April and another email later that month about the first deadline extension.

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Nathan Feist, a paralegal who also applied to serve on the advisory council, said he hadn’t received any updates on the status of his application before making an inquiry earlier this month.

“I emailed them to ask and an attorney for the court replied, saying that they’re still reviewing applications, they’re eager to get it going, and they’ll let applicants know next steps as soon as possible,” he said.

The calls for applicants were published on the websites for the Bar Association of Erie County and the Women’s Bar Association of the State of New York. Melish said she got her application directly from Carter and that she shared it with other interested applicants, but that she didn’t know of the releases or applications being distributed elsewhere. The Office of Court Administration did not respond to inquiries about where their solicitations for applicants were directed.

Two members of the panel are required to be Bar Association members. Other appointments include two members each from the real estate industry, tenants’ organizations, and civic groups, as well as four members of the public.

Martoche, the Eighth Judicial District administrative judge, is responsible for those appointments. 

The mayor and the city official in charge of overseeing the city’s housing programs are each responsible for appointing a member. Investigative Post has not yet heard back from a city spokesperson about the status of the City Hall appointments.

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The panel was initially designed to have 16 members, with the remaining two members coming from the Buffalo Common Council’s Housing Committee, which is no longer active. 

There was never an official cause on record as to why the housing court advisory council disbanded. Former Common Council President James Pitts speculated that changing neighborhoods and decreased activism contributed to the dormancy of both the advisory council and the Council’s Housing Committee.

Housing advocates hoped reinstating the advisory council would help address the backlog of cases that built up under Judge Patrick Carney, who oversaw Housing Court for 14 years before retiring last December. Judge Phillip Dabney was named Carney’s successor in December. 

Melish said the delays in revitalizing the advisory council “underscores the need for leadership on the issue of ensuring access to fair and dignified housing in Buffalo.” 

“These kinds of issues consistently slip through the cracks when there’s nobody in charge,” Melish said.