Short-Term Rentals in Buffalo, NY

Buffalo maintains 115 local ordinances across all categories, and 7 of those deal specifically with short-term rentals. Here is a breakdown of what the city actually requires, what is prohibited, and where Buffalo falls on the strict-to-permissive spectrum compared to other cities.

Short-Term Rental Permits

All short-term rentals in Buffalo require a City-issued certificate and license; owner-occupied STRs are generally allowed as-of-right in most zones, while non-owner-occupied STRs require a special use permit from the Planning Board plus Council approval.

Key details: Owner-occupied STR: Allowed as-of-right in most zones. Non-owner-occupied STR: Requires special use permit + STR certificate. Max STR units per building: 2. Certificate term: 1 year; must renew within 60 days of expiration. Fine for operating without license: $500 per violation (Class J).

Operating without a license: Class J fine of $500 per violation (§ 380-19). Exceeding capacity: Class CC fine of $500 per violation. Three or more noise violations within a year trigger license revocation. License may also be revoked for fraud, material code violations, or unauthorized structural changes.

This is one of the stricter rules in Buffalo's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Occupancy Limits

Buffalo limits non-owner-occupied short-term rental room occupancy to a maximum of two adults and one child at a time, and caps the number of STR units per building at two.

Key details: Non-owner-occupied room occupancy limit: 2 adults + 1 child per room. Max STR units per building: 2. Prohibited occupancy areas: Basements, attics, sun porches, garages. Party houses: Expressly prohibited. Fine for exceeding capacity: $500 per violation (Class CC).

Exceeding the occupancy limit of a STR unit is a Class CC fine of $500 per violation under § 380-19(A)(2).

Taxes & Fees

Buffalo imposes a 3% occupancy tax on all short-term rental stays, effective September 1, 2025, with both STR operators and booking platforms required to collect and remit the tax quarterly. The law explicitly includes short-term rental units in its definition of 'hotel or motel.'

Key details: Tax rate: 3% of the per diem rental rate. Effective date: September 1, 2025 (L.L. No. 3-2025). Who must collect: Both the operator and any booking service. Return filing frequency: Quarterly, within 20 days after Feb 28 / May 31 / Aug 31 / Nov 30. Failure-to-charge penalty: $1,500 per occupancy per day.

Failing to file a return or remit the tax on time results in a 5% penalty on the tax owed plus 1.5% monthly interest (except the first month). An operator or booking service that fails to charge the required tax faces an additional penalty of $1,500 per occupancy per day.

Repeat Violator Strikes

A Buffalo short-term rental license can be pulled once a property racks up more than three noise violations within a single license year, under City Code § 380-17A(8). If the third citation lands within four weeks of the second, a freshly reissued license doesn't reset the count. It's one of eight separate grounds the Commissioner can use to revoke a certificate.

Key details: Threshold: More than 3 noise violations per license year. Fast-repeat rule: 3rd violation within 4 weeks of 2nd still counts. Process required: Hearing, 10 days' notice (§ 380-17B). Effect of revocation: Occupied units must vacate (§ 380-18). Other grounds: Fraud, unpermitted changes, code noncompliance.

Revocation under § 380-17A(8) is layered on top of, not instead of, other penalties: § 380-19A makes clear that fines under the general Code sections § 1-15 and § 137-7J apply in addition to license revocation. The Commissioner can also seek a Housing Part order from Buffalo City Court under § 380-19C directing that the property be removed from listing platforms and future reservations cancelled once revoked.

This is not one of those rules that cities tend to ignore. Buffalo actively enforces its repeat violator strikes requirements.

Noise Rules

All short-term rental properties in Buffalo must comply with the City Noise Ordinance (Chapter 293), and accumulating three or more noise violations within a year triggers mandatory license revocation.

Key details: Noise violations before revocation: 3 within 1 year. Accelerated revocation trigger: 3rd violation within 4 weeks of 2nd. Maximum suspension period: 6 months. Noise ordinance reference: Buffalo City Code Ch. 293.

A third noise violation within a year of the license: immediate suspension and potential revocation for up to six months per § 380-21(E). Each noise violation also carries separate penalties under the Noise Ordinance, Chapter 293.

Compared to other cities, Buffalo takes a harder line on noise rules. The enforcement and penalty structure reflects that.

Primary-Residence-Only Rule

Buffalo defines an owner-occupied short-term rental as one where the owner is a resident of the property; non-owner-occupied STRs require a special use permit and are subject to more stringent review.

Key details: Owner-occupied definition: Owner must be a resident of the property. Non-owner-occupied requirement: Special use permit + STR certificate required. Non-owner-occupied 1st-time fee: $650 (vs. $400 owner-occupied). Non-owner-occupied minimum stay: 2 nights.

Operating a non-owner-occupied STR without a special use permit is a Class J fine of $500 per violation and grounds for license revocation.

This is not one of those rules that cities tend to ignore. Buffalo actively enforces its primary-residence-only rule requirements.

Night Caps

Non-owner-occupied short-term rentals in Buffalo must maintain a two-night minimum stay; owner-occupied STRs have no stated minimum.

Key details: Minimum stay (non-owner-occupied): 2 nights. Minimum stay (owner-occupied): No minimum specified. Maximum stay (both types): Up to 30 days by definition. Fine for violating minimum stay: $500 per violation (Class J).

Violating a condition of the STR license (including the 2-night minimum) is a Class J fine of $500 per violation under § 380-19(A)(3).

The Bottom Line

Buffalo is tougher than many cities when it comes to short-term rentals. Out of the 7 rules covered here, 4 are rated strict. If you are a homeowner, renter, or business owner in Buffalo, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

Keep in mind that Buffalo can amend these rules at any council meeting. For the most current version of any rule mentioned here, check the specific ordinance page, where we track updates as they happen.