Skip to main content
CityRuleLookup

Cheektowaga, NY Hotels & Lodging: Transient Occupancy Tax (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Tax rate
up to 3% of per-diem room rate
Adopted
11-12-2025, L.L. No. 4-2025
Late-return penalty
$100 per day late
Unpaid-tax penalty
5%/month, capped 25%/year
Permanent-resident exemption
30+ consecutive days
Registration deadline
within 30 days of adoption

Summary

The Town of Cheektowaga taxes hotel, motel and boarding-house room rentals at up to 3% of the daily rate under Town Code Ch. 220, Art. XI, adopted in November 2025. Operators must register, collect the tax from guests, and file monthly returns; guests staying 30 or more consecutive days are exempt as permanent residents.

A. The rate of such tax shall not exceed 3% of the per diem rental rate for each room whether such room is rented on a daily or longer basis. ... (4) A permanent resident of a hotel or motel. For the purposes of this section, the term "permanent resident" shall mean a natural person occupying any room or rooms in a hotel or motel for at least 30 consecutive days.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

L. No. L. No. 6-2026, defines "hotel" under § 220-47 to include an apartment hotel, motel, or boarding house, whether or not meals are served, and defines "operator" broadly to reach an owner, lessee, sublessee, mortgagee in possession or licensee running the property. Section 220-48A caps the tax at 3% of the per diem rental rate per room, however the room is billed. Section 220-48B makes the owner or the person entitled to the rent responsible for collecting the tax from the occupant and remitting it to the Town.

Exemptions under § 220-48C cover New York State and its subdivisions, the federal government, qualifying religious/charitable/educational nonprofits, and any "permanent resident," defined as a natural person occupying a room for at least 30 consecutive days. Section 220-49 sets the mechanics: every hotel must file a certificate of registration within 30 days of the law's adoption, new hotels must file one before getting a certificate of occupancy, operators submit monthly returns by the fifth of each month and pay by the tenth, and the Town generally cannot assess additional tax more than three years after a return is filed unless the return was fraudulent. Appeals of a tax determination run through a CPLR Article 78 proceeding within 30 days under § 220-51.

Violations & Fines

Section 220-50 penalizes a late return with $100 per day it remains unfiled, waivable only by Town Board resolution for good cause. Unpaid tax accrues a separate penalty of 5% per month, compounded monthly, capped at 25% of the tax owed for any twelve-month period. The Town Board may waive penalties only for compelling, extenuating circumstances shown on application.

Frequently Asked Questions

Does Cheektowaga's occupancy tax apply to short-term rentals like Airbnb?
Yes. Section 220-47 defines "hotel" to include "an apartment hotel, motel, or a boarding house, whether or not meals are served," so any short-term room rental fitting that description owes the up to 3% occupancy tax on top of the guest's daily rate.
Who has to collect the tax from guests?
The operator, defined under § 220-47 to include an owner, lessee, sublessee, mortgagee in possession or licensee "operating a hotel in the Town of Cheektowaga," must collect the tax at the time of rental and remit it to the Town under § 220-48B.
Is there an exemption for long-term guests?
Yes. Section 220-48C(4) exempts a "permanent resident," defined as a natural person occupying a room "for at least 30 consecutive days," from the occupancy tax entirely, regardless of how the stay is billed.

Sources & Official References

Other rules in Cheektowaga

All Cheektowaga rules

New York rules heatmap·Compare Cheektowaga to another location·View the New York hotels & lodging overview

Get notified when Transient Occupancy Tax in Cheektowaga, NY changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Transient Occupancy Tax in Nearby Cities

How other cities in Erie County handle transient occupancy tax.

Buffalo, NY
Some Restrictions