Buffalo Short-Term Rental Regulations

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Permit & Licensing

Short-Term Rental Certificate/License (owner-occupied)

The property must be your primary residence. This means investment properties are not eligible for this permit type.

Short-Term Rental Certificate/License + Special Use Permit (non-owner-occupied)

This permit type does not require primary residence.

Application Process

Two-step process: (1) check zoning requirements and obtain any necessary permits at the Dept. of Permit and Inspection Services, City Hall Room 301; (2) apply for the Short-Term Rental License with the Office of Licenses (also City Hall Room 301). The written application (per §380-11) requires owner identity/address information and proof of owner-occupancy (driver's license plus two forms of official mail addressed to the property), plus a signed affidavit of compliance (§380-12, lead-paint and code-compliance disclosures). The Department conducts an exterior and interior inspection before issuing the certificate; properties are re-inspected annually to keep the certificate valid.

Note: Document requirements vary by permit type. See individual permit sections above for eligibility details.

Tax Obligations

Combined rate: 11.75% of gross rental income.

Collection: Short-term rental operators must register with the Erie County Comptroller (Certificate of Registration, issued a Certificate of Authority) to collect the 3% Erie County Hotel Occupancy Tax on stays under 30 consecutive days. Separately, short-term rental operators and any booking service (e.g., Airbnb, Vrbo) that facilitates the rental must collect New York State and local sales tax on the occupancy charge whenever the rate exceeds $2/day.

Filing: Quarterly Erie County Hotel Occupancy Tax return due the 20th of the month following each quarter (e.g., Dec–Feb due Mar 20); operators owing $250 or less across the four quarters ending May 31 may instead file one annual return due June 20.

Rental Limits

Buffalo does not impose an annual cap on the number of nights you can rent. Individual-stay rule: Chapter 380 defines and regulates short-term rentals as stays of one to thirty days (see §380-2 Owner Occupied Short-Term Rental definition); the City's informational FAQ page separately describes short-term rentals more broadly as any rental period of less than six months. Non-owner-occupied units must maintain a minimum stay of two nights.

Occupancy & Density Limits

Non-owner-occupied (Bed & Breakfast) units: maximum 2 adults and 1 child per room (up to 21 occupants total). No more than 2 dwelling units per building may be used as short-term rentals. General occupancy also follows Table 404.5 of the 2020 NYS Property Maintenance Code.

Zoning & Restrictions

• Owner-occupied short-term rentals are allowed as of right citywide except in N-4-30, N-4-50, D-IL, D-IH, D-OS, D-OG, D-ON, and C-R zoning districts; within N-4-30 and N-4-50 they are not allowed without a zoning variance from the Board of Zoning Appeals.
• Non-owner-occupied short-term rentals are not allowed anywhere as of right — they require a Special Use Permit under UDO Chapter 496 §11.3.3 (Table 6A Lodging – Bed & Breakfast use), subject to Planning Board recommendation and Common Council approval, and are prohibited in multi-family buildings such as apartment buildings, co-ops, condos, and three-family (or larger) properties.
• No more than two dwelling units per building may be used as short-term rentals citywide.
• Properties in local historic districts face additional Common Council review criteria before approval.

Insurance & Safety

Insurance

Buffalo does not require short-term rental operators to carry specific insurance. Standard homeowner policies often exclude short-term rental activity, so many hosts obtain dedicated short-term rental or landlord liability coverage.

Safety & Operating Requirements

• Exterior and interior rental unit inspection by the Dept. of Permit and Inspection Services before certificate issuance, plus annual re-inspection
• Carbon monoxide and smoke detectors installed per NYS Uniform Fire Prevention and Building Code
• Only approved areas may be used for occupancy — no basements, attics, sunporches, or garages
• No public assembly / party houses permitted
• Exit diagrams posted on the interior of each bedroom door
• Emergency contact numbers (owner, property manager) posted on-premises and filed with DPIS
• Working fire extinguishers must be provided
• A snow shovel must be provided for emergencies
• License/certificate must be posted in a conspicuous location inside the unit
• Compliance with the City of Buffalo Noise Ordinance (Ch. 293)
• Lead-based paint disclosure and, where triggered, remediation for pre-1978 properties

Penalties for Non-Compliance

Escalating enforcement: the annual certificate fee doubles 30 days after a missed due date (after a second mailed invoice); a summons plus a $500 fine is issued 60 days after the due date, on top of outstanding fees. Separate per-violation fines: $500 (Class J) for operating without a certificate/license, $500 (Class CC) for exceeding occupancy capacity, and $500 (Class J) for violating a license/certificate condition. A license may be revoked for fraud/misrepresentation, uncorrected code violations, more than three noise violations in a year, or other violations of the chapter; revocation can trigger vacate orders for the unit and, per §380-19C, a court may order removal of the listing from booking platforms and cancellation of future reservations.

Market Snapshot

Demand context for Buffalo from official government and tourism statistics — the latest published annual figures, not a projection of rental income.

Figures are the latest annual statistics published by the linked official sources (retrieved 2026-07-13). Visitor counts cover the geography stated by each source, which can be wider than the city itself. Regulations above — not market conditions — determine whether and how you may operate.

Compliance Checklist

Follow these steps to legally operate a short-term rental in Buffalo:

1. Determine your permit type. Buffalo has 2 permit types. Identify which applies to your property (Short-Term Rental Certificate/License (owner-occupied), Short-Term Rental Certificate/License + Special Use Permit (non-owner-occupied)).
2. Meet safety requirements. Exterior and interior rental unit inspection by the Dept. of Permit and Inspection Services before certificate issuance, plus annual re-inspection. Carbon monoxide and smoke detectors installed per NYS Uniform Fire Prevention and Building Code. Only approved areas may be used for occupancy — no basements, attics, sunporches, or garages. No public assembly / party houses permitted. Exit diagrams posted on the interior of each bedroom door. Emergency contact numbers (owner, property manager) posted on-premises and filed with DPIS. Working fire extinguishers must be provided. A snow shovel must be provided for emergencies. License/certificate must be posted in a conspicuous location inside the unit. Compliance with the City of Buffalo Noise Ordinance (Ch. 293). Lead-based paint disclosure and, where triggered, remediation for pre-1978 properties.
3. Apply for your STR permit. Submit application. Fees vary by type: Short-Term Rental Certificate/License (owner-occupied) $400; Short-Term Rental Certificate/License + Special Use Permit (non-owner-occupied) $650. See permit types above to determine which applies.
4. Register for tax accounts. Set up lodging tax accounts with Erie County Comptroller's Office, Hotel Tax Division; New York State Department of Taxation and Finance.
5. Collect and remit taxes. 11.75% on all bookings.
6. Renew annually. Renewal fees vary by permit type ($200 / $400). See permit types above.

Frequently Asked Questions

Do you need a permit to run an Airbnb in Buffalo?

Yes. Buffalo requires a short-term rental permit to operate an Airbnb or Vrbo, and there are 2 permit types — one requires the property to be your primary residence, and another allows non-owner-occupied (investment) use. See the permit types above to find which applies to your property.

How much does a short-term rental permit cost in Buffalo?

Permit costs in Buffalo vary by type: Short-Term Rental Certificate/License (owner-occupied) $400; Short-Term Rental Certificate/License + Special Use Permit $650.

Does Buffalo require a short-term rental to be your primary residence?

It depends on the permit type. At least one Buffalo permit requires the property to be your primary residence, while another allows non-owner-occupied (investment) use — see the permit types above.

How many days a year can you short-term rent in Buffalo?

Buffalo does not cap the number of nights per year you can short-term rent, though permitting, zoning, and occupancy rules still apply.

What taxes do you pay on a short-term rental in Buffalo?

Short-term rental stays in Buffalo are subject to a combined 11.75% in lodging taxes. This combines 4% New York State Sales Tax + 4.75% Erie County Sales Tax (local add-on) + 3% Erie County Hotel Occupancy Tax (Bed Tax). Hosts are legally responsible; many booking platforms collect and remit them automatically on the host's behalf.

What are the penalties for short-term rental violations in Buffalo?

Penalties run up to $500 per violation (see the Penalties section for the full schedule).