Buffalo ADUs may be rented for long-term residential occupancy (six months or more) by the owner-occupant. Short-term rentals (less than six months) are governed separately by Chapter 380 of the Buffalo City Code, which requires registration through the Department of Permit and Inspection Services. Non-owner-occupied STR operation requires a special use permit approved by the Common Council.
Long-term rental of a Buffalo ADU is permitted so long as the property remains owner-occupied (owner residing in either the main house or the ADU). Short-term rentals are governed by Chapter 380 of the Buffalo City Code, adopted in 2019 and amended in 2023, which defines a short-term rental as any rental period of less than six months. Owner-occupied STRs require registration with the Department of Permit and Inspection Services with a first-time fee of $150 and $75 annual renewal. Non-owner-occupied short-term rentals require a special use permit reviewed by the Planning Board with recommendation to the Common Council, with a $250 registration fee and $150 annual renewal. All operators must carry at least $1 million in liability insurance, and owners residing outside Erie County must designate a local agent. Violations carry fines of approximately $500 per occasion under Chapter 380.
Operating a Buffalo ADU as an unregistered short-term rental violates Chapter 380 and is subject to fines of approximately $500 per occasion, plus zoning enforcement under Chapter 496. Failure to maintain $1 million liability insurance or to register a local agent can result in registration revocation. Long-term landlords must comply with the City's rental registry and lead-safe housing requirements where applicable.
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