Overview: Are Short-Term Rentals Allowed in Buffalo, NY?

Yes, short-term rentals are explicitly allowed in Buffalo, NY. The City of Buffalo permits short-term rentals (defined as rentals lasting less than 6 months) subject to specific licensing requirements and zoning regulations. As of April 2025, the city has implemented a comprehensive regulatory framework that distinguishes between owner-occupied and non-owner-occupied properties, with significant restrictions on where non-owner-occupied rentals can operate.

How to Start a Short-Term Rental Business in Buffalo

Step 1: Zoning Verification and Pre-Application Planning

Before acquiring or listing any property, investors must verify zoning compliance. Buffalo's updated regulations significantly restrict non-owner-occupied STRs to commercial and mixed-use zones:

Permitted Zones for Non-Owner-Occupied STRs:

• N-2C (Commercial Neighborhood)
• N-2E (Elmwood Commercial)
• N-1D (Downtown Mixed-Use)

Prohibited Zones for Non-Owner-Occupied STRs:

• N-2R (Residential Neighborhood)
• N-3R (Residential Neighborhood)
• N-4-30 (Residential Neighborhood)
• N-4-50 (Residential Neighborhood)

Owner-occupied STRs maintain greater flexibility but still require proper licensing through the Department of Permits and Inspections.

Step 2: Property Acquisition Considerations

When selecting properties, investors should prioritize locations near major attractions such as Elmwood Avenue, Allen Street, Hertel Avenue, and downtown entertainment districts. These areas offer the highest revenue potential while complying with commercial zoning requirements for non-owner-occupied operations.

Step 3: Application Process Initiation

Contact the City of Buffalo Department of Permit and Inspection Services to begin the licensing process. The city has temporarily halted new applications in the past to update regulations, so staying current with municipal announcements is crucial.

Step 4: License Application Submission

Submit the Short-Term Rental Dwelling License Application to the Office of Licenses, located in Room 301 of City Hall. Each property requires its own separate license.

Required Documents, Permits, Licenses, and Guidelines

Mandatory Licensing Requirements

All short-term rental operators must obtain a Short-Term Rental License before listing their property. The application process includes:

For Owner-Occupied Properties:

• Initial Registration Fee: $150
• Annual Renewal Fee: $75
• Proof of owner residency (address matching government-issued ID)
• Documentation showing owner resides on premises more than 6 months and one day annually

For Non-Owner-Occupied Properties:

• Initial Registration Fee: $250
• Annual Renewal Fee: $150
• Special Use Permit (mandatory before license processing)
• Proof of property ownership
• Local agent designation (required for owners residing outside Erie County)

Safety and Compliance Documentation:

• Certificate of occupancy verification
• Comprehensive insurance coverage documentation
• 24-hour local contact information for guest emergencies
• Compliance with fire safety systems, carbon monoxide detectors, and emergency egress routes
• Working smoke detectors in every bedroom and common area

Application Materials:

• Short-Term Rental Dwelling License Application
• Special Use Permit Form (non-owner-occupied properties)
• Owner Affidavit
• Property ownership documentation
• Insurance certificates

Specific Regulations for Short-Term Rentals

City-Level Regulations (Buffalo Municipal Code)

License Administration:

• Licenses must be renewed annually
• Each STR location requires separate licensing
• Ownership changes mandate new application process
• Licenses cannot be transferred between properties or owners

Zoning Compliance:

• Non-owner-occupied STRs limited to commercial and mixed-use districts
• Residential zoning districts prohibit new non-owner-occupied STR operations
• Existing properties may qualify for grandfather protection

Operational Requirements:

• Maximum rental period: less than 6 months
• Guest registration and record-keeping requirements
• Noise ordinance compliance (quiet hours 10 PM - 7 AM)
• Occupancy limits based on bedroom count and square footage

County-Level Regulations (Erie County)

Tax Obligations:

• 4% Erie County occupancy tax (collected by platforms)
• Quarterly filing requirements with Erie County
• Additional county-specific compliance monitoring

State-Level Regulations (New York State)

Tax Requirements:

• 8% New York State sales tax (collected by platforms)
• Registration with New York State Department of Taxation and Finance
• Quarterly tax filings required
• Infrastructure maintenance surcharge may apply

Safety Standards:

• Compliance with New York State Building Codes
• adherence to National Fire Protection Association guidelines
• Monthly battery testing documentation for safety devices

Contact Information for Local Authority

Primary Contact:

• Department: City of Buffalo Department of Permit and Inspection Services
• Phone: 716-851-4077
• Email: [email protected] (email protection applied)
• Physical Address: 65 Niagara Square, City Hall, Room 301, Buffalo, NY 14202

Additional Contacts:

• Office of Licenses: Also located in Room 301 of City Hall
• Zoning Board of Appeals: For permit appeals and variances
• Buffalo Planning Board: For zoning verification and comprehensive plan information

Online Resources:

• ePermits Portal: epermits.buffalony.gov/
• City Website: www.buffalony.gov/435/Permit-Inspection-Services
• Zoning Map: gis.buffalony.gov/portal/apps/webappviewer/index.html?id=77c7711c9d3546f99bf2cd765822ee22

Links to Source Pages

1. City of Buffalo STR Page: www.buffalony.gov/1696/Short-Term-Rental-Dwelling-Code-and-Appl
2. Short-Term Rental Dwelling Code: www.buffalony.gov/DocumentCenter/View/12854/Chapter-380--- Short-Term-Rental-Housing-Code
3. License Application: www.buffalony.gov/DocumentCenter/View/13672/STR-APPLICATION-10172024143638
4. Special Use Permit Form: www.buffalony.gov/DocumentCenter/View/15129/496-1133---Special-Use-Permit-Form-
5. WGRZ News Article: www.wgrz.com/article/news/local/new-rules-short-term-rentals-buffalo-approved-by-common-council/71-97721780-3450-4d36-8879-38b66a11c20c
6. Airbnb Help Article: www.airbnb.com/help/article/2724
7. ePermits Portal: epermits.buffalony.gov/
8. Buffalo Zoning Map: gis.buffalony.gov/portal/apps/webappviewer/index.html?id=77c7711c9d3546f99bf2cd765822ee22

Note: Buffalo's STR regulations have undergone significant changes in 2025, with the Common Council approving new rules in April. Investors should verify current requirements with the Department of Permit and Inspection Services before making investment decisions, as regulations continue to evolve. The city has demonstrated willingness to adjust rules based on housing availability concerns and neighborhood character preservation priorities.