Cheektowaga, NY Hotels & Lodging: Transient Occupancy Tax (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.
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?
Who has to collect the tax from guests?
Is there an exemption for long-term guests?
Sources & Official References
Other rules in Cheektowaga
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Transient Occupancy Tax in Nearby Cities
How other cities in Erie County handle transient occupancy tax.