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

Section 201-7A(8) sets the Town's clearest numeric occupancy rule: on a property served by a private septic system, the maximum occupancy shall be defined by the capabilities of the septic system but in no event shall overnight occupancy for any short-term rental unit exceed 10 people total, and the septic system itself must meet all state requirements. The following subsection, § 201-7A(9), backs that cap with a maintenance requirement: if the property runs on a private sewer, the septic system must have been pumped within the past four years before the permit issues, proof of that pumping and a satisfactory inspection by a qualified septic disposal firm must be on file with the Code Enforcement Officer, and once the permit is issued, the system has to be pumped again at least every four years to keep it valid.

Because the ten-person figure is a ceiling rather than a guarantee, a smaller or older septic system can push the lawful occupancy below 10 if its rated capacity cannot support that many overnight occupants, meaning the owner, not just the Town, has to document what the system can actually handle before advertising a higher sleeping capacity.