Does Buffalo, NY have its own occupancy limits ordinance?

No. Buffalo, NY does not appear to have a local occupancy limits ordinance, New York state law applies instead. The rules summarized on this page come from NY Multiple Dwelling Law.

Key Facts Ordinance Text Full Breakdown Violations FAQ Sources More in Buffalo

Buffalo, NY Short-Term Rentals: Occupancy Limits (2026)

Some Restrictions

Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

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)

Summary

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.

Non-owner-occupied short-term rental is only allowed as provided pursuant to Chapter 496 of the Unified Development Ordinance (UDO) Table 6A LODGING-Bed/Breakfast. A maximum of two adults and one child per room shall be allowed at a time. (8) No more than two dwelling units per building may be used as short-term rentals. (9) Occupancy limitations per Table 404.5 of the 2020 Property Maintenance Code of New York State. ... Only approved areas shall be used for occupancy (no basements, attics, sunporches, garages). No public assembly (party houses are not permitted).

Source: NY Multiple Dwelling LawView official code

Full Breakdown

Occupancy limits for owner-occupied STRs track Table 404.5 of the 2020 Property Maintenance Code of New York State. Party houses are expressly prohibited, and no public assemblies are allowed on STR premises. Only approved areas may be used for occupancy: basements, attics, sun porches, and garages are prohibited sleeping or occupancy areas.

Violations & Fines

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

Frequently Asked Questions

How many guests can stay per bedroom in a short-term rental?

For non-owner-occupied STRs, a maximum of two adults and one child per room per § 380-7(7).

Can guests use my basement as a sleeping area?

No. Basements, attics, sun porches, and garages are excluded from allowable occupancy areas under § 380-9(D).

Sources & Official References

[1]City of Buffalo Code of Ordinances (Municode)

Other rules in Buffalo

Short-Term Rental PermitsSignificant Restrictions Taxes & FeesSome Restrictions Repeat Violator StrikesSignificant Restrictions Noise RulesSignificant Restrictions Primary-Residence-Only RuleSignificant Restrictions Night CapsSome Restrictions Noise Ordinances: Vehicle NoiseSome Restrictions Noise Ordinances: Decibel LimitsLight Restrictions Parking Rules: Towing & Impound RightsSignificant Restrictions Parking Rules: Preferential Parking DistrictsSome Restrictions Parking Rules: Driveway RulesSome Restrictions Fire Regulations: Propane StorageSome Restrictions

All Buffalo rules

New York rules heatmap·Compare Buffalo to another location·View the New York short-term rentals overview

See something wrong?

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